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HC passes slew of directions about facilities to jail inmates
7/23/2014 11:40:32 PM
Early Times Report
SRINAGAR, July 23: Jammu and Kashmir High Court has passed slew of directions on a Public Interest Litigation (PIL) seeking directions for ensuring all facilities as provided by constitution and laws to jail inmates including under trials.
A Division Bench comprising Justice Mohammad yaqoob Mir and Justice Hasnain Massodi asked Principal Secretary Home to file status within four weeks.
The officer submitted in the compliance report that four areas of concern have been discussed which the production of detenues /under-trials in the courts on the dates of hearing has been directed to be ensured without any excuse, proving dietary scales prevalent in prisons of other States to the inmates of the jails and filling of 31 posts, which include ten posts of Assistant Surgeons, three posts of B-Grade Physician Specialists, X-Ray Technician, Dental Surgeon etc.
The court also directed Home Department to file a status report within two weeks about the frisking of female visitors in jail by female CRPF personnel.
The direction was passed after the division bench observed that in report filed by Home Department is not clear as to whether frisking through female CRPF personnel is allowed in view of the non-availability of female jail staff or otherwise.
"They shall have to clarify the position as to whether there is paucity of female staff or otherwise they are allowing frisking through female CRPF personnel. In case they will come up that it is the requirement to get the female visitors frisked through female CRPF personnel then they shall have to justify its permissibility so as to be in conformity with the rules," the court said and asked Additional Advocate General to ensure filing of fresh affidavit within two weeks, wherein it shall be clearly indicated as to what are the compelling circumstances which have persuaded them to allow the frisking of female visitors through female CRPF personnel, dehorse the rules.
Meanwhile, counsel for the petitioner said that the under-trial prisoners, while being produced in the trial courts for hearings, are not being provided food. They are being kept starving for the whole day, and there was a practice i.e. the relatives of the under-trial prisoners would offer food to them which has been stopped in view of Circular issued by Registrar Vigilance dated 13.05.2014 where-under it has been provided that the practice of providing food in aforesaid manner to the under-trial prisoners should be avoided as it may at times lead to hazardous consequences.
"If it be so, then there shall be some mechanism evolved for providing food to the under-trial prisoners," the court said and directed government to take necessary steps for providing food in packets to the under-trial prisoners on the dates they are being produced in connection with their cases in the respective trial courts..
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