Excelsior Correspondent
SRINAGAR, Mar 18: High Court today sought explanation from SSP Jammu and Superintendent of Jammu jail for not taking action against a prisoner accused of assaulting his jail mate.
A Division Bench of the High Court comprising Chief Justice MM Kumar and Justice Hasnain Masoodi while issuing directions observed that jail manual deals with discipline, and punishment be given to the person indulging in indiscipline while in jail.
“Therefore, latest status report is required to be filed by the SSP Jammu along with Superintendent Jail as to why proceedings have not been initiated against Anchal Kumar who has been identified as a person causing injuries to Jameel Ahmad,” the DB directed.
Jameel Ahmad, an inmate was injured when he was attacked by another inmate in September last year.
The directions came after SSP stated before the court that the matter is non-cognizable and does not require registration of a criminal case.
However, a communication of the DPL Jammu ( dated 1-10-2013) states that constables Puran Singh, Lakhwinder Singh as well as Suhan Lal (ASI) and ASI Darshan Kumar remained mute spectators and as such their act tantamount to dereliction and carelessness of duty for which departmental inquiry is to be initiated against them.
The DB also directed authorities to ensure speedy trial of the inmates as fundamental right under Article 21 of the Constitution and delay of such nature would be negation of such right.
These directions came after court took note of a report submitted by Kashmir High Court Bar Association (KHCBA) after their visit to Jammu jails last year.
The report discloses that a number of under trials have not been taken to the trial court on account of various reasons, and predominantly the reason given is for non availability of escort vehicle.
The Bench, while rejecting the response filed by the jail authorities, observed the reply is far from satisfactory.
The Court said authorities of Kishtwar Jail have made general observation that on account of law and order problem under trial could not be taken to Sessions Court Bhaderwah and Additional Session Judge Doda.
Court also sought a detailed status report from Department of Health and Medical Education regarding filing up of the 31 vacancies at different levels including 10 Assistant Surgeons, 1 Dental Surgeon, 3 posts of B-grade specialists, X-ray and Dental Technicians etc.
As the HCBA had complained before court regarding the facilities in jails, court said it needs to be clarified what exactly is the minimum facilities given to under trials and sought report from jail authorities mentioning the rates furnished to detainees/under trials in other parts of the country so that the court may be assisted in comparing the rates prevailing in the state of J&K and other States.
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