news details |
|
|
| HC issues show cause notice to SSP Jammu, Superintendent Jail | | Death of undertrial | | Early Times Report
Jammu, Mar 18: A Division Bench of Jammu and Kashmir High Court has asked SSP Jammu and Superintendent Jail Amphalla as to why action has not been initiated against a prisoner who attached an undertrial from Pakistan inside the court premises of Principal District Judge Jammu on September 28 2013.
Hearing a Public Interest Litigation, the division bench comprising Chief Justice M M Kumar and Hasnain Massodi passed the directions after SSP in its compliance report informed it that the matter pertaining to assault on undertrial, Jameel Ahmad of Abbottabad Pakistan by one prisoner Anchal Kumar is a non cognizable matter and does not require registration of a criminal case.
“Our attention has been drawn to jail offences which are committed by detainee and undertrials while in police custody. It has been submitted that jail manual deals with discipline and punishment given to the person indulging in indiscipline while in jail,” the court said, and directed that 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 have been identified as a person causing injuries to Jameel Ahmad.
In the application the Kashmir Bar Association while quoting a letter from Jameel had said that Anchal Kumar, lodged in Central Jail Kotebalwal beat him up on head with brick while he was waiting to be taken back to Amphalla jail after being produced before Sessions Judge Jammu on the fateful day.
Meanwhile, the division bench rejected the reply by Superintendent Jail Kishtwar to an application filed by the Bar Association Kashmir.
“Instead of meeting the disclosures made in the (KHCBA) report, it has made general observation that on account of law and order problem undertrial could not be taken to Session Court Bhaderwah and Additional Session Judge Doda. The general remarks made in the para 5 of the reply are not acceptable in the face of the fact that the report submitted by the Bar Association in paragraph after paragraph have disclosed specific cases where the trial has been hampered on account of the nonproduction of the prisoners before the court,” the bench said, observing the situation has resulted from non-availability of escort vehicle.
“Accordingly every single case needs to be obliged and if the respondent finds that there is room for amending their role, then it should be accorded due priority as right of speedy trial is a fundamental right under article 21 of the Constitution and delay of such nature would be negation of such right,” the bench said.
The court also directed government to file compliance report about the filing up 31 vacancies regarding doctors and technicians in various jails. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
