File jail reports in a week: HC to District Courts
D A RASHID
Srinagar, Jun 1: The High Court on Wednesday directed all the Principal District and Sessions Judges to file jail reports of their concerned districts within a week.
While hearing the Public Interest Litigation filed by the Kashmir Bar Association (KBA) on conditions of jail inmates, the division bench of High Court comprising Justice Hakeem Imtiyaz Hussain and Justice Sunil Hali said let the Sessions Judges file their jail reports by next hearing. Besides, the court issued a notice to state government to file objections in this regard by June 7.
President of the KBA and senior counsel, Mian Abdul Qayoom pleaded the case on the behalf of the Association while advocate general has been asked to appear personally in the case for the next date of hearing to assist the court.
“In the PIL, the KBA has challenged certain provisions of the Public Safety Act and has sought better living conditions and redressal of grievances of the jail inmates and prisoners detained at interrogation centres in Jammu and Kashmir, “ Qayoom told Greater Kashmir.
In the PIL it has been said that the main grievance of the detainees booked under PSA is that their cases are not decided promptly. “The fact is that the Hon’ble Court has framed Case Flow Management Rules, 2009. Under these directions of the Supreme Court, a writ of habeas corpus shall invariably be disposed of within a period of 15 days,” reads the PIL.
“After hearing arguments in the detention cases judgements are reserved, but are announced after months, which is contrary to very concept of life and liberty of an individual as enshrined in the constitution,” the PIL adds.
It has also been mentioned that the detainees are not produced before state constituted advisory boards for a hearing.
In the PIL, it is said that in terms of section 27 of the Prisons Act, in prison containing male as well as female prisoners, the female prisoners have to be imprisoned in separate buildings in such a manner as to prevent their seeing or conversing with the male prisoners.
Similarly in a prison where male prisoners under 18-yrs of age are confined, they have to be separated from other prisoners. In fact criminal prisoners have to be kept apart from convicted criminals and civil prisoners have to be kept away from criminal prisoners.
In the terms of Jammu and Kashmir detainees (General) order, 1968,the detainees have to be kept in single rooms or association barracks, separate from ordinary prisoners.
In all the jails of the state, these provisions of the law were not being observed by the jail authorities, PIL further reads.
Lastupdate on : Wed, 1 Jun 2011 21:30:00 Makkah time
Lastupdate on : Wed, 1 Jun 2011 18:30:00 GMT
Lastupdate on : Thu, 2 Jun 2011 00:00:00 IST
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D A RASHID
Srinagar, Jun 1: The High Court on Wednesday directed all the Principal District and Sessions Judges to file jail reports of their concerned districts within a week. While hearing the Public Interest More
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