Excelsior Correspondent
Srinagar, Dec 24: High Court today directed the Government to give access to the families of prisoners who have been shifted outside the State.
Hearing a petition filed by lawyer’s body seeking struck down of recently made amendment to the Public Safety Act, the Division Bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar while issuing notice to the Government directed to ensure interaction of the detenues who have been shifted outside the State, to their family members.
Court has issued notice to Commissioner/Secretaries Law, Justice & Parliamentary Affairs and Home, Director General (Prisons), Superintendents of Central Jail, Srinagar, Central Jail, Kotebalwal Jammu, District Jail Kupwara, District Jail, Baramulla, District Jail, Anantnag, District Jail, Udhampur, District Jail, Amphalla Jammu, District Jail, Kathua and Sub Jail, Hira Nagar for filing of counter affidavit and the notice on behalf of all these authorities was accepted by State Counsel B A Dar (Sr. AAG) in open court.
Court also directed to ensure that information regarding shifting of the prisoners from J&K to other places in country is furnished to the families members of the detenues as per the applicable rules.
Court has made it clear that in case physical interaction for any reason is not possible, then steps shall be taken through video conferencing for interaction of detenues with their family members.
“In any case, telephonic communication as per rules of the jails would also be enabled and respondents shall also ensure that the health and nutritional requirements of the detenues are also provided strictly as per the rules”, reads the order.
Petition besides seeking quashing of recently made amendment to the Public Safety Act also seek direction that all the permanent residents of State, detained under the provisions of J&K Public Safety Act be lodged in the jails of the State, located near their places of residence.
It may be mentioned that the Government recently has omitted the provison to Section 10(b) of the Jammu and Kashmir Public Safety Act, 1978. It is in-terms of Section 10 of the PSA, as it originally stood, any person in respect of whom a detention order has been made, was liable to be detained in such place and under such conditions, including conditions as to the maintenance of discipline and punishment for breaches of discipline, as the Government may by general or special order specify and to be removed from one place of detention to another place of detention in the State, by order of the Government.
“Pursuant to the Amendment Act of 2018, 25 detenues from Central Jail Kotebalwal, Jammu and 15 from District Jail, Kathua have been shifted to District Jail, Karnal Haryana and many more detenues belonging to the State are in the process of being shifted to outside the State”, reads the petition.
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