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.
Notably, 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 on Thursday.
A delegation led by Muhammad Yasin Malik on Thursday met Chairman SHRC, Justice Bilal Nazki and other members of the commission.
The delegation according to the statement apprised the commission about the ongoing revengeful assault against Kashmiri inmates especially those lodged at central jail Srinagar and expressed serious concern on shifting of many including lifers, under-trials, political prisoners and detainees to various Jammu jails.
“Commission listened to the plea of JRL delegation humbly and asked to submit a written complaint. The written complaint will be submitted at the office of SHRC tomorrow on 02nd March 2018,” the statement said.
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 detainees held in various jails and shifting of the undertrial prisoners, lifers and political detunes.
May it please your Honor and the commission
We the complainants want to draw your attention to below please;
- 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.
- That the complainants humbly submit certain facts for the consideration of this Hon’ble commission;-
- 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.
- That thereafter certain inhuman and derogatory Acts were taken by the state through its functionaries.
- That the inhuman Acts were of grave nature which is violative 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 legislation have been passed like that of Jammu and Kashmir Protection of Human rights Act 1997.
- 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 violative of the human rights guaranteed by the judicial pronouncements held by the supreme court of India. The list of the detunes is Annexed herewith in Annexure ‘A’
- 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 undertrials, detenues , sentenced person. The undertrials who are presumed to be innocent beyond doubts as such the undertrials 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 a 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 of 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 are in every way violative 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 have been shifted to outside jails is appended herewith as Annexure “B”
- That there is an instance wherein 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 herein, we seek the August intervention of this honorable commission for initiation of an inquiry into the gross human rights violations, deliver justice to these inmates and the complaint is proceeded accordingly.
- Syed Ali Geelani
- Mirwaiz Mohammad Umar Farooq
- Mohammad Yasin Malik