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| Three Petitions against non-production of under trials in the courts | | HC directed State to file list of under trials of J&K who have not produced in courts | |
Srinagar, October, 28:- Three writ petitions filed in the State High Court at Srinagar wing one after another in respect of different persons with allegations that they are lodged in different jails outside the state and had not been brought before Trial courts to face trial for long periods due to which they languishing in jails without being tried. These petitions were filed in the 2004 and 2006 titled J&K High Court Bar Associations Vs State and Ors, Justice Bashir A Kirmani of J&K High Court at Srinagar Wing after hearing Advocate M A Qayoom (President KBA) appearing for the petitioner and Additional Advocate General M A Rathore appearing for the state admitted the petitions to hearing and treated as Public Interest Litigation (PIL) and directed the Registrar Judicial to list it accordingly and also interim directions.
In the much publicized case where the under trial were not produced in the court, Justice B A Kirmani directed state counsel that he shall file his counter/reply indicating the up-to-date position regarding number of under trial prisoners who have not been produced in the Trial Courts for proceedings six months, one years and more one year category-wise with their placement of lodgment. Since the list already furnished covers only Kashmir Province and further directed a similar list under trials from Jammu Province be also furnished for a comprehensive consideration of the matter. Since lack of transport and police escort, VIP security and inclement weather have been quoted as main causes for non-production of under-trails before Trial courts; the govt may take steps for their lodgment in jails nearest to Trial Courts for assuring observance of section 48 of Prisoners Act. A compliance report regarding such steps be furnished when the matter comes up before the appropriate bench.
District Committees consisting of District & Sessions Judge, District Magistrates, SSPs and CMOs reported to have been constituted under orders of the court passed in habeas corpus petition in the year of 1994, Justice BA Kirmani directed these committees that they shall assure visiting the jails within their respective jurisdictions at least once in a month and report on the condition of under Trials and other in-mates. Reports be submitted to this court before November 30, 2006.
In the petition it has been submitted that number of under-trial prisoners have not been produced before Trial Courts for considerably long periods of time and accordingly seek a direction for their lodgment within the state and regular presence before Trial Courts so as to assure speedy trial of their cases.
Justice BA Kirmani while issuing directions observed that after hearing counsel and considered the matter before proceeding ahead it would be appropriate to put the matter in perspective vide order dated December 21, 2005 passed by quo-ordinate bench of the High Court among others the following directions was passed that the respondents are also directed to give details of each detune who is not been produced in the courts for the last six months and the reasons thereof. Pursuant to order the state counsel on March 20, 2006 furnished the affidavit of the DGP, in pursuant to directions of the State High Court passed in habeas corpus petition and confirmed in LPA and District Level Committees were constituted. The state has also furnished the list of under-trials not produced in the court for the last six months. According to the affidavit a list of 93 persons of whom three are detained under PSA while others are under-trial facing trial in different Courts of the state. It is mentioned that around 53 out of listed under-trials are residents of Kashmir Province while as the rest belonging either to Pakistan or POK few from Bihar, UP and Tajikistan etc. Court after treating the petitions as Public Interest Litigations directed the Registry to list it as PIL. |
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