Srinagar, Nov 2: The High Court (HC) of Jammu & Kashmir and Ladakh Wednesday directed the government to update the status regarding the directions passed by the Supreme Court on the inhuman condition of jails.
In its judgement, the Supreme Court had referred nine issues to state high courts regarding the maintenance of jail inmates like overcrowding in jails, delay in trial, torture and ill treatment, neglect of health and hygiene, insubstantial food, inadequate clothing, prison vices, no means of communication, streamlining of jail visits and management of open air prisons.
The apex court had remarked that, “as per article 21 of the constitution every person requires a life of dignity but little appears to have changed on the ground as far as prisoners are concerned.”
Meanwhile, a compliance report was submitted before the court by the Financial Commissioner (Additional Chief Secretary), Home Department which revealed that the Home Department has already notified Jail Manual in terms of notification/order dated August 17, 2022 and the training manual in terms of the said notification.
In compliance to the order passed on May 23 this year, the Director General of Prisons, filed an affidavit indicating the details of the capacity of each jail in the Union Territory and number of prisoners and under trials lodged therein, with existing condition.
It stated that the respondents have already undertaken updation of the required facilities for the inmates and under trials.
The court after perusing the compliance report and affidavit listed the matter for hearing on November 29, 2022, with a direction to the respondents to update the status qua the directions passed by the apex court.
The court was hearing a batch of Public Interest Litigations (PILs) regarding re-conditions of jails of under trials and amendment of the jail manual of J&K as well as of Ladakh Union Territories.
Earlier, the Supreme Court in its judgment in ‘Re Inhuman Conditions in 1382 Prisons” had directed the Director General of Police or Inspector General of Police in-charge of prisons to ensure that there is proper and effective utilization of available funds so that the living conditions of the prisoners is commensurate with human dignity. This also includes the issue of their health, hygiene, food, clothing, rehabilitation etc.
The top court had directed the Ministry of Home Affairs (MHA) to ensure that the Management Information System is in place at the earliest in all the Central and District Jails as well as jails for women so that there is better and effective management of the prison and prisoners.
The MHA was also directed to conduct an annual review of the implementation of the Model Prison Manual 2016 for which considerable efforts have been made not only by senior officers of the Ministry of Home Affairs but also persons from civil society.
It had directed that the Model Prison Manual 2016 should not be reduced to yet another document that might be reviewed only decades later, if at all. “The annual review will also take into consideration the need, if any, of making changes therein.”
The apex court had directed the Under Trial Review Committee to look into the issues raised in the 2016 Manual including regular jail visits as suggested in it.
It had directed the Secretary of the District Legal Services Committee to attend each meeting of the Under Trial Review Committee which was directed to be held every quarter in every district and follow up the discussions with appropriate steps for the release of under trial prisoners and convicts who have undergone their sentence or are entitled to release because of remission granted to them.
The Supreme Court bench had directed that the Review Committee to specifically look into aspects pertaining to effective implementation of Section 436 CrPC and Section 436-A CrPC so that under trial prisoners are released at the earliest and those who cannot furnish bail bonds due to their poverty are not subjected to incarceration only for that reason.
“The Under Trial Review Committee will also look into the issue of implementation of the Probation of Offenders Act, 1958 particularly with regard to first time offenders so that they have a chance of being restored and rehabilitated in society,” the Supreme court had directed.
The Member Secretary of the State Legal Services Authority of every State was directed to ensure, in coordination with the Secretary of the District Legal Services Committee in every district, that an adequate number of competent lawyers are empanelled to assist under trial prisoners and convicts, particularly the poor and indigent and that legal aid for the poor does not become poor legal aid.
The top court had directed the Secretary of the District Legal Services Committee to also look into the issue of the release of under trial prisoners in compoundable offences, “the effort being to effectively explore the possibility of compounding offences rather than requiring a trial to take place.”
