Srinagar, Nov 30: The High Court of Jammu & Kashmir and Ladakh Wednesday closed a batch of public interest litigations (PIL) regarding re-condition of jails of under trials and amendment of the jail manual of UT’S. The court directed the government to ensure that the facilities available under the provisions of the Jail Manual are provided to the inmates.
The court directed the authorities that the directions contained in the judgment passed by it as also by the Supreme Court dealing with the management of the jails for providing basic facilities to the inmates be also implemented in letter and spirit.
Closing the PILs, a division bench comprising Chief Justice Ali Mohammad Magrey and Justice Sanjay Dhar expressed its satisfaction and observed that the object for which these PILs were entertained has been achieved and the directions passed from time to time have been implemented.
“In that view of the matter, there is no need to continue with these PILs, as such, the same shall stand closed,” the bench said.
The court closed the pleas after taking note of a compliance report filed by the Financial Commissioner (Additional Chief Secretary), Home Department, which revealed that the Home Department has already notified Jail Manual and Training Manual in terms of notifications/orders issued on August, 17, 2022.
The court noted that the Director General of Prisons (DGP), has also filed an affidavit in tune with the policy and the scheme of the government.
The affidavit revealed the details of the capacity of each jail in the UT of J&K and number of prisoners and under trials lodged therein, with existing conditions.
It stated that the respondents have already undertaken updation of the required facilities for the inmates and under trials.
The bench also took note of the response filed by the UT of Ladakh, through AIG Personal, providing details qua notifying the Jail Manual and the facilities given to the inmates in the UT of Ladakh.
Meanwhile, in its report, the DGP had informed the court that presently 5048 jail inmates are lodged in 14 jails in J&K against the sanctioned capacity of 3578.
The report stated that in Central Jail KotBalwal sanctioned capacity is 902 and lodgements are 1016, in Central Jail Srinagar capacity is 509 and lodgements are 722, in District Jail Jammu capacity is 426 and lodgements are 688, in District Jail Kathua capacity is 275 and lodgements are 358, in District Jail Udhampur capacity is 292 and lodgements are 515, in District Jail Badherwah capacity is 155 and lodgements are 184, in District Jail Rajouri capacity is 152 and lodgements are 187, in District Jail Poonch capacity is 152 and lodgements are 192, in District Jail Baramulla capacity is 213 and lodgements are 326, in District Jail Kupwara capacity is 164 and lodgements are 320, in District Jail Anantnag capacity is 148 and lodgements are 199, in District Jail Kishtwar capacity is 68 and lodgements are 86 and in Sub Jail Reasi capacity is 26 while as lodgements are 67.
It was stated that to reduce the overcrowding in jails is under active consideration of the department and the department has submitted a proposal to Home Department for construction of 2 new jails in Reasi and Bandipora with the intake capacity of lodgement of 350 and 232 respectively.
The court was informed that the government has also transferred 148 kanals of ShamilatDeh land in Dambra, Tehsil Mahanpur of District Kathua in favour of the Prisons Department for construction of High Security Jail.
“The health care facility to ailing jail inmates is top of the agenda of the department and is being provided on priority basis as also there are some hospitals in some jails. All the prescribed medicines and suitable diet and all facilities as admissible under rules is being provided to jail inmates without delay,” read the report
Earlier, the Supreme Court had referred nine issues to state high courts regarding the maintenance of jail inmates- 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 appeared to have changed on the ground as far as prisoners are concerned.”
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 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.
The apex court had directed the UnderTrial Review Committee to look into the issues raised in the Model Prison Manual 2016 including regular jail visits as suggested in the said Manual.
It had directed the Secretary of the District Legal Services Committee to attend each meeting of the UnderTrial 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 undertrial prisoners and convicts who have undergone their sentence or are entitled to release because of remission granted to them.
