JRL petitions SHRC against shifting of prisoners to outside jails
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The Joint Resistance Leadership (JRL) comprising of Syed Ali Geelani, Mirwaiz Umar Farooq and Mohammad Yasin Malik, on Friday submitted an application with Chairman State Human Rights Commission against shifting of prisoners from Kashmir jails to outside.
On Thursday a delegation of JRL-led by JKLF chairman Mohammad Yasin Malik had met the SHRC chairman Justice (Retd) Bilal Nazki and put forth the demand of Hurriyat leadership.
The content of the petition is as under:
Respected and Hon’ble chairman State Human Rights Commission
In the Matter of : Application in terms of J&K Protection of Human Rights Act 1997 for Human Rights violations against the detenues held in various jails and shifting of the under trial prisoners, lifers and political detunes.
May it please your Honor and the commission
We the complainants want to draw your attention to below pleas;
1. That the complainants in their capacity as representatives of the oppressed citizens of Jammu and Kashmir seek redressal of the grievances of many Kashmiri inmates by virtue of this petition.
2. That the complainants humbly submit certain facts for the consideration of this Hon’ble commission ;-
A. That an incident took place at SMHS hospital as a detune escaped from the custody of police as he was being taken for a medical checkup in the month of February 2018 and due to the said event the prisoners at large are being subjected to harassment, mental torture, agony and human rights violations and are being committed with evil motive.
B. That thereafter certain inhuman and derogatory Acts were taken by the state through its functionaries.
C. That the inhuman Acts were of grave nature which are voilative of the human rights guaranteed to every human being by virtue of UN Human Rights Declaration which have been adopted by the Government of India and subsequent legislations have been passed like that of Jammu and Kashmir protection of Human rights Act 1997.
D. That the human rights violations done by the functionaries of the state are herein below for the kind perusal ;
• That some of the persons who have been sentenced with life imprisonment have been shifted to the jails which are situated more than 300 Kms away from their residences, which is voilative of the human rights guaranteed by the judicial pronouncements held by the supreme court of India.
• That there is a glaring violation done in utter disregard of human rights, the judicial pronouncement, jail manual and the procedures laid down for handling the under trials, detenues , sentenced person. The under trials who are presumed to be innocent beyond doubts as such the under trials who are held under various FIRs and are facing trails before various courts in whose territorial jurisdictions the prisoners are held in jails. One such example of glaring violation is being done in a case under FIR no 51 of 2017 police station NOWHATTA Srinagar. Wherein 24 young boys below the age of thirty year have been falsely implicated as per an evil design which actually is a political vendetta, the trial of the said case is pending trial before 4th Additional Sessions Court Srinagar., it is a well- recognized and beaten law, that under trail is to be kept near the court where his trial shall speedily be taken up. But to the utter violation and disregard to the law and guaranteed Human rights to a human being under Jammu and Kashmir protection of Human rights Act 1997. The under-trial have been shifted to jails which are situated more than 300 km away from the places where the trails are being conducted which is in every way voilative of the basic human rights .
• That the every human being is guaranteed that there is a fair apprehension that the trial of the case shall get protracted and delayed as they can’t be brought from the jails which are situated outside. Hence the said shifting of under trial detainee is a glaring example of the violation of the basic human rights.
The list of the persons who has been shifted to outside jails is appended here with as Annexure “B”
• That there is an instance where in persons who are on parole have been again re-arrested and shifted to outside jails for no fault of theirs which is again a violation of the basic human rights and also against the judgment passed by Indian supreme court.
The list of the persons who have been re-arrested and shifted to outside jails is appended as Annexure “C”.
• That the state functionaries have started violation of human rights in the jails where in those persons have been detained under Public Safety Act or any other preventive law have also been shifted to the jails which are situated more than 300 km away from their places of residences which is again a glaring example of human rights by the functionaries of the state.
• That the families of the above named detainees are facing huge problems in meeting-visitation to such detainees who have shifted for no fault of theirs which is again a violation of basic human rights guaranteed to the families of the-detainees.
In the light of the above submissions and facts narrated here in, we seek the August intervention of this honorable commission for initiation of inquiry into the gross human rights violations, deliver justice to these inmates and the complaint is proceeded accordingly.
1. Syed Ali Geelani
2. Mirwaiz Mohammad Umar Farooq
3. Mohammad Yasin Malik