Srinagar, Mar 02: The separatist trio 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 led by JKLF chairman Mohammad Yasin Malik had met the SHRC Chairman Justice (Retd.) Bilal Nazki and put forth the demand. The SHRC had asked the delegation to turn in a written petition.
Invoking J&K Protection of Human Rights Act 1997, Geelani, Mirwaiz and Malik, in a signed petition addressed to SHRC Chairman, have attracted the commission’s attention towards the plight of detenues held in various jails and shifting of the prisoners including those undergoing life imprisonment, under-trial prisoners, and political detainees to jails outside the Valley.
We the complainants – Geelani, Mirwaiz and Malik — “as representatives of the oppressed citizens of Jammu and Kashmir” seek redressal of the grievances of many Kashmiri inmates by virtue of this petition, reads the petition as it goes on to add that following the escape of a detenue from police custody at SMHS Hospital here, “the prisoners at large are being subjected to harassment, mental torture, agony and human rights violations …”
It says that after the incident “certain inhuman and derogatory acts were taken by the state through its functionaries”, which it says are of “grave nature which violative of the human rights guaranteed to every human-being by virtue of UN Human Rights Declaration which has 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.”
The petition says that “some 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 violative of the human rights guaranteed by the judicial pronouncements held by the Supreme Court of India.”
It says “there is a glaring violation done in utter disregard of human rights, the judicial pronouncements, jail manual and the procedures laid down for handling the under-trials, detenues , sentenced person.
The petition also says the under-trials “who are presumed to be innocent”, are also being shifted, and goes on to cite a specific case (FIR no 51 of 2017) registered at Police Station Nowhatta, Srinagar, which is pending adjudication before 4th Additional Sessions Court Srinagar.
“Said case is pending trial. 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 under Jammu and Kashmir Protection of Human Rights Act 1997,” says the petition.
It says that 24 young boys below the age of 30 years “have been falsely implicated as per an evil design which actually is a political vendetta.”
“The under-trials 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 violative of the basic human rights.”
It says there is a fair apprehension that the trial of the cases 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 detainees is a glaring example of the violation of the basic human rights.”
The petition also talks of people out on parole having been 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 petition has also attached the details of such people.
It says the state functionaries have “started violation of human rights in the jails wherein those persons who 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.”
It says the families of the detainees are facing huge problems in meeting such detainees “who have been shifted for no fault of theirs which is again a violation of basic human rights guaranteed to the families of the detainees.”
“In 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,” reads the petition signed by Syed Ali Geelani, Mirwaiz Mohammad Umar Farooq, and Mohammad Yasin Malik.
