Punjab-Haryana High Court
Court On Its Own Motion vs State Of Punjab on 30 May, 2009
Bench: T.S.Thakur, Jasbir Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.15041 of 2007
Date of Decision: May 30th 2009
Court on its own motion
Petitioner
Versus
State of Punjab
Respondent
CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEFJUSTICE
HON'BLE MR. JUSTICE JASBIR SINGH
Present: Mr.Ranjan Lakhanpal, Advocate for the petitioner in
CWP No.15041 of 2007
Mr.H.S.Lalli, Advocate for the petitioner in
CWP No.8924 of 2007
Mr. Amol Rattan Singh, Addl. A.G. Punjab
Mr.Rameshwar Malik, Addl.A.G.Haryana
Mr.Anupam Gupta, Amicus Curiae and for
UT Administration along with
Mr.Deepak Sharma, Advocate
...
Jasbir Singh, J.
Civil Writ Petition No.15041 of 2007 2 This order will dispose of Civil Writ Petition bearing Nos.15041 of 2007 (Court on its own motion versus State of Punjab), 9685 of 2007 (Court on its own motion versus State of Punjab and others), 10791 of 2002 (Court on its own motion versus State of Punjab etc.) and 8924 of 2007 (Dr.Upneet Lalli versus State of Punjab). In all these writ petitions unhealthy living conditions of the prisoners/ under trials and inhuman treatment meted out to mentally ill prisoners/ under trials, in Jails, in the State of Punjab, Haryana and UT Chandigarh is the cause of concern for this Court.
What are the rights of a prisoner (a convict, under trial and a detune) in a jail, is a matter that has been examined by the Hon'ble Supreme Court in several judgments. In State of A.P. v. Challa Ramkrishna Reddy and others, 2000 (5) Supreme Court Cases 712, their Lordships of the Hon'ble Supreme Court have observed as under:-
"Right to Life is one of the basic human rights. It is guaranteed to every person by Article 21 of the Constitution and not even the State has the authority to violate that Right. A prisoner, be he a convict or under-trial or a detenu, does not cease to be a human being. Even when lodged in the jail, he continues to enjoy all his Fundamental Rights including the Right to Life guaranteed to him under the Constitution. On being convicted of crime and deprived of their liberty in accordance with the procedure established by law, prisoners still retain the residue of constitutional rights."
In The State of Maharashtra v. Prabhakar Pandurang Sanzgiri and another, AIR 1966 Supreme Court 424, their Lordships extended the protection of Article 21 of the Constitution to a prisoner, when deciding a Civil Writ Petition No.15041 of 2007 3 question of his/her right of reading and writing book(s), while in jail. Many more judgments by the Hon'ble Supreme Court and High Courts followed to state as to what rights are available to the detenus. Despite all these pronouncements the conditions in jails have not improved. By taking note of various judgments enumerating rights of the prisoners, efforts made by Human Rights Commission and after taking note of conditions actually existing at the spot, their Lordships of the Supreme Court in Rama Murthy v. State of Karnataka, 1997(2) Supreme Court Cases 642, have observed as under:-
5. Let it be seen how to protect various rights of the prisoners and how the object of rehabilitation of a prisoner does not remain will-o'-the wisp. We have to be pragmatic also.
Constitutional rights of the prisoners shall have to be interpreted in such a way that larger public interest does not suffer while trying to be soft and considerate towards the prisoners. For this, it has to be seen that more injury than is necessary is not caused to a prisoner. At the same time efforts have to be made to reform him so that when he comes out of prison he is a better citizen and not a hardened criminal.
6. Before proceeding to lay down the do's and dont's it would be useful to note what is the general position of prisons in the country presently. To bring home this, it would be enough to note what has been mentioned in the 1994-95 Annual Report of National Human Rights Commission in this regard at page 13 in Para 4.17. The same is as below :-
"The situation in the prisons visited was varied and complex. Many, such as Tihar Jail in Delhi were over-crowded; yet Civil Writ Petition No.15041 of 2007 4 others, like the open jail in Hyderabad were under-utilized. Often, within a single State, conditions varied from one jail to another in this respect, pointing to the need for a more rational State-wide use of facilities. The Commission saw a few jails which were notably clean and where the diet was reasonable such as the Central Jail in Vellore. Unfortunately, it saw many others which are squalid, such as the newly constructed Central Jail in Patna. In yet others, the diet was inferior, and the management was denounced by the inmates as brutal and corrupt. In some, care was being taken to separate juveniles from others petty offenders from hardened criminals. In others, no such care was being taken and the atmosphere appeared to nurture violence and criminality. In a few, major efforts were being made to reform conditions, to generate employment in a worthwhile and remunerative way, to encourage education and restore dignity. In others, callousness prevailed, prisoners were seen in shackles, mentally disturbed inmates - regardless of whether they were criminal or otherwise were incarcerated with others, with no real effort being made to rise above the very minimum required for the meanest survival. Where prisoners worked, their remuneration was often a pittance, offering scant hope of savings being generated for future rehabilitation in society. By and large, the positive experiences were the exceptions rather than the rules, dependent more upon the energy and commitment of individual officials rather than upon the capacity of the system to function appropriately on its own."Civil Writ Petition No.15041 of 2007 5
The decision in Rama Murthy's case (supra), was rendered by their Lordships of the Hon'ble Supreme Court more than a decade ago. The present case, however, indicates that conditions of the detenus have not changed much. They are still living in very unhealthy and inhuman conditions. To ameliorate their living conditions, much remains to be done.
Time now to refer to the facts in each one of these cases. Facts in CWP No.15041 of 2007 As per facts on record, the process was initiated on receipt of two letters, one written by 53 detenus (under trial) and another written by a political activist Shri Simaranjit Singh Mann, indicating towards slow pace of disposal of pending cases and unsatisfactory living conditions in various jails in the State of Punjab. In the first letter, the under trials, by indicating that they have falsely been implicated, made a request to the Hon'ble the Chief Justice of this Court, to issue directions to the Courts below for speedy disposal of their trials. Second letter written by Shri Simaranjit Singh Mann, refers to the lack of medical facilities in District Jail, Ludhiana and unhygienic conditions in which the detenus were living in District Jail, Jalandhar. He also indicated that many prisoners, having spent more than 13 years in jail, have not been released. There is no back up to sustain electricity and in case it fails the cells and barracks turn into a furnace.
With regard to deteriorated condition in District Jail, Jalandhar, he mentioned as under:-
"I spent one night in Jullundar Jail. That jail is over 130 years old and may collapse any day killing locked inmates. We'l blame the PWD engineers or the monsoon but if judges were to carry out inspections as also the Director General of Prisons and various other officials of the department, remedial Civil Writ Petition No.15041 of 2007 6 measures could be taken. The toilets there I found to my shock were ankle deep in human excreta. It was more of a pig sty. I have visited some pig sty's in Italy. I can assure your Lordship they were cleaner and smelt better than the toilets in Jullundar jail."
In both the letters prayer was made to take steps to improve living conditions in the jails.
Suo moto notice was issued by this Court on 25.9.2007. By the same order the Director General of Police (Prison), Punjab was directed to file a status report, after inspection of jail premises, within a period of four weeks. In response thereto, report in the shape of an affidavit dated 4.12.2007 was filed by that officer, with regard to Central Jail at Ludhiana and Central Jail at Jalandhar. So far as Ludhiana Jail is concerned, details were given with regard to pending cases of the signatories to the letter, referred to above. Regarding prisoners, who are sick, facts were also stated in that affidavit. An attempt was made to show that medical facilities available in the jail, were upto the mark.
With regard to Central Jail in Jalandhar, it was stated that the jail building except hospital and women barracks were old enough, even declared unsafe by PWD for human living. It was further stated that a new jail with a capacity of 2500 inmates over an area of 72 acres, shall be built in Kapurthala district jurisdiction, which will be ready for occupation within two years. It was admitted in the affidavit that toilets and bathrooms in the jail are very old and were not built proportionately to the population of the jail inmates and were in use for 24 hours. It was further averred that prisoners kept in jails, are treated properly. Every possible and permissible care is given to them. The Court was assured that all efforts shall be made Civil Writ Petition No.15041 of 2007 7 to improve the living condition of the prisoners and special attention will be given for the protection of their human rights. It was also stated that to look after mental health of the prisoners, many measures/ schemes have been initiated.
When this matter came up for hearing before this Court on 11.1.2008, following order was passed:-
"This Court on its own motion had taken cognizance regarding overcrowding of inmates and conditions in Jails at Jalandhar and Ludhiana. We have noticed from the newspaper report in 'The Tribune' dated January 8, 2008, wherein it was mentioned that the rioting in Jalandhar Jail took place and the prisoners were injured as the police resorted to firing to regain control. 'The Tribune of the same date has also carried a news-analysis regarding the firing incident and has observed that 1391 prisoners are lodged against the capacity of 500. This news analysis also mentions endeavour made by this Court to initiate corrective measures. Both the newspaper items are taken on record as Annexures P1 and P2.
In case prior to the firing incident, which occurred in Jalandhar Jail, as reported in Annexures P1 and P2 had the authorities woken up from their slumber, pursuant to our order dated 30.10.2007, issuing notice on our own, with regard to the condition of Jails, the incident may have been avoided. However, no remedial measures were taken.
The Jalandhar incident should open the eyes of the Administration. Immediate urgent steps should be taken to Civil Writ Petition No.15041 of 2007 8 deal with the problem of over-population of inmates, convicts as well as under-trials and regarding the facilities, which are provided in Jails in the whole State of Punjab.
In the status report filed, it has been stated that a new Jail with a capacity of 2500 inmates in an area of 72 acres is being built in the Kapurthala District jurisdiction. It is stated that the architectural design has been finalized and the structural design is under finalization.
We cannot appreciate such a slow pace. The State Administration should quicken its response to the gravity of the situation. Active steps be initiated in this regard and lates report be also furnished.
Let a comprehensive affidavit be filed giving details as to how the State of Punjab is taking up this matter for providing adequate infrastructure and additional capacities to the already existing Jails and the time frame in which the same could be achieved."
In response to order, referred to above, affidavit dated 25.2.2008 was filed by Director General of Police (Prisons), Punjab, wherein it was stated that against authorized capacity of 500 inmates, in Central Jail, Jalandhar, 1325 prisoners were kept. The on going construction of new jail, with 2500 capacity in district Kapurthala was reiterated. It was further stated that barrack for women prisoners was under
construction. Averments in the affidavit show that Central, District and Sub Jails, in Amritsar, Bhatinda, Jalandar, Gurdaspur, Faridkot, Sangrur, Kapurthala, Muktsar, Ropar, Phagwara, were over-crowded. In Punjab, there are 17000 inmates against the sanctioned capacity of 11500 inmates. Civil Writ Petition No.15041 of 2007 9 It was further mentioned that to overcome above situation, new jails were under construction in Kapurthala and Faridkot. Expansion was under
process in many other jails. It was stated that Rs.9 crore have been earmarked for improving infrastructure like toilets, bathrooms, electric wiring, sewerage etc. in various jails. Five year plan to construct/ improve the conditions in jails was also enumerated in the above said affidavit.
The matter again came up before this Court on 29.2.2008, when the Court noted with concern that the inflow of funds for improvement of the jails, was not satisfactory. State was directed to file an additional affidavit with regard to provision of funds for the said purpose. On 8.9.2008, the following order was passed by this Court:-
"Mr.Amol Rattan Singh has filed an affidavit sworn by the Director General of Prisons, Punjab, setting out the details of the schemes formulated for expansion and modernization of different Jails in the State of Punjab as also the amounts that have been made available by the Government in connection with the said schemes.
Mr.Lakhanpal, learned counsel appearing for Mr.S.S.Mann seeks some time to file a rejoinder to the affidavit filed by the respondents. He may do so within four weeks.
Post again on 20.10.2008.
The District and Sessions Judges at Ferozepur, Patiala, Ludhiana, Amritsar, Bathinda, Jalandhar and Gurdaspur shall in the meantime, be asked to forward to this Court copies of the latest four inspection reports based on the inspections conducted by them of the Jails falling under their jurisdiction. In case regular inspections of the Jails are not being Civil Writ Petition No.15041 of 2007 10 conducted by the said Officers, they shall be asked to explain the reasons for their failure to do so. Copies of the reports received from the District and Sessions Judges shall be furnished to learned counsel for the parties, who shall be free to file their responses to the same, if so desired."
In affidavit dated 23.7.2008, as referred to above, facts given in earlier affidavits, were reiterated and further detail was given as to how much amount has been spent and will be spent in the coming years. Perusal thereof, indicates that to ameliorate conditions of the inmates, it will take many years, inflow of funds was not sufficient and an attempt has been made to shift liability to the Central Government for non-release of funds, to be provided by it.
District and Sessions Judges have also sent their reports. Condition shown in all the reports is not encouraging. It is not necessary for us to refer to the details given in all the reports. However, we would like to make a special mention of the report submitted by District and Sessions Judge, Jalandhar showing pathetic condition in which the inmates were living in that jail. Relevant contents of that report read thus:-
"5. Whole of the premises of the Jail, including the barracks, were inspected. In the inspection note recorded on 30.7.2007, the condition of the premises of the Jail, including the barracks, was detailed. The relevant portion thereof is reproduced below:-
"The building of the Jail is in very bad shape and was not found in accordance with the requirements contained in Chapter xxxv of the Jail Manual. There is total non compliance of the provisions of that Chapter. Civil Writ Petition No.15041 of 2007 11 There are no masonry sleeping berths as required by paragraph No.891. Capacity of the Wards, etc has not been inscribed on the doors as required by paragraph No.890. There is over crowding of the prisoners. As per paragraph No.902, all the prisoners in excess of the accommodation are to be provided with temporary shelters in huts or tents pitched outside or inside the main enclosure walls. The same is not being done. No efforts have been made for the transfer of the excess prisoners or for their temporary shelter. No attention is being paid to the cleanliness of different parts of the building. Many portions of the premises were stinking and it was not possible to stand there even for a minute. Fate of the prisoners can well be imagined, who live there for 24 hours of the day. Not much attention is being paid towards sanitation."
6. Since then, some improvement has been made regarding cleanliness of the premises but still the same is not upto the mark. No masonry sleeping berths have been constructed nor any effort has been made to make the temporary shelters for the prisoners nor the efforts have been made to transfer the excess prisoners to some other Jail.
7. In the said inspection note, it was incorporated that female prisoners are being kept in a separate female ward consisting of two rooms and open courtyard and their condition was deplorable. They were found to be Civil Writ Petition No.15041 of 2007 12 living in inhuman conditions as so many prisoners had been stuffed in that small space. Thereafter, a new female ward has been constructed in the Jail premises, which is quite airy and accommodious. The female prisoners are being kept in that newly constructed ward and there is a lot of change in their living condition and surroundings.
8. At the time of visit to the female ward, it was submitted by female under-trials that their applications for bail should be considered on sympathetic basis. There is special provision for the release of the women on bail under Section 437 Cr.P.C. Necessary instructions are being issued to the Judicial Magistrates.
9. The following is the abstract of the said inspection note regarding the source of water:-
"It was disclosed that the source of water to whole of the Jail is from one over head water tank which is being filled with water from the tubewell. The Jail Authorities failed to produce any report vide which the water of that Tubewell/ tank was got tested regarding its fitness for human consumption. As per paragraph No.910 of the Jail Manual, before deciding upon the source from which water shall be taken samples shall be sent to the Chemical Examiner for qualitative analysis. In the absence of any record having been produced before the undersigned, it is not possible to comment if any such samples were sent to the Chemical Examiner for Civil Writ Petition No.15041 of 2007 13 qualitative analysis. As per paragraph No.914, the water of Tubewell which is also being used for drinking purposes, is required to be analyzed qualitatively by the Chemical Examiner on or before the 5th of each month. It appears that the same was never got analyzed from the Chemical Examiner every year in order to determine the fitness thereof for human consumption. The Superintendent of the Jail was directed to do the needful as per the Jail Manual".
10. When the Jail was inspected on 29.10.2008, it was asked from the Superintendent if the test reports regarding the samples of the water had been received. He placed before me the report sent to him by the Civil Surgeon. The sample taken from two sources of water was found unfit for drinking. The Superintendent of the Jail was asked not to draw the water from those two sources. Till today, no report regarding sample of the water has been obtained from the Chemical Examiner. The water from the said two sources is still being used." District and Sessions Judge, Jalandhar has also highlighted various other deficiencies existing in the jail administration, in not providing history tickets, fact that the medical officers do not enter necessary particulars in the history tickets was also indicated. It was further shown that the investigating agencies were not taking interest in the disposal of cases of many inmates. Some of them were ready to confess their guilt. It was also noted that factum of unsoundness of mind of under trial was not reported to the jail doctor as per provision of the Jail Manual. It was also reported that hygienic conditions in the jail were not just good, Civil Writ Petition No.15041 of 2007 14 the sullage water was found standing in open drains. Conditions of toilets attached with the patient rooms was just average. It was also discovered that standard of food served to the inmates were not upto the mark. Facts in CWP No.9685 of 2007
A news item dated 3.7.2007 in news paper 'The Tribune' made shocking revelation with regard to inhuman living conditions in the Women Cell of the Jalandhar Central Jail. On noting that the women prisoners were not getting minimum requirements of the life, this Court on above date issued suo moto notice to the officers of the State of Punjab. Thereafter, this writ petition was ordered to be taken up with CWP No.9805 of 2007, involving similar controversy as narrated above. CWP No.9805 of 2007 was dismissed as withdrawn on 8.9.2008 and this writ petition was tagged with CWP No.15041 of 2007.
Facts and Court proceedings in CWP No.10791 of 2002 On 5.7.2002, a report appeared in the newspaper 'The Hindu' stating that one Raksha Rani, who was allegedly involved in the murder of her husband, had been admitted in Dr. Vidya Sagar Mental Hospital, Amritsar (in short, the hospital), in pursuance of an order passed, during trial. Thereafter she was convicted. In an appeal filed by her, her conviction was set aside on 8.11.1988, ordering a de-novo trial. The State of Punjab moved a Special Leave Petition in the Hon'ble Supreme Court, which was pending when an Hon'ble Judge of this Court, by taking note of that news item, to find out the truth, directed the District and Sessions Judge, Amritsar to verify the facts mentioned in that news item and also obtained particulars of other inmates, similarly situated. In response thereto, two lists were received. Perusal thereof indicated that one inmate, namely, Jai Singh was Civil Writ Petition No.15041 of 2007 15 detained in the hospital since 1979 and others, namely, Bikramjit Singh, Raksha Rani, Jarnail Singh were detained there since 1994. Taking note of above said facts, the Hon'ble Judge posed the following question for consideration:-
"In this view of the matter a question arises, can under trials be detained in the Mental Hospital under orders of Criminal Courts for such a long period? It also raises a question which may have to be answered as to whether this period can be extended beyond the maximum period of sentence, which may have been imposed on the under trials."
It was further observed as under:-
"In view of the above observations, this Court may have to take into consideration as to what relief can in law be given to these inmates so as to facilitate their recovery and rehabilitation to normal life.
In view of what has been stated above, the case may be a fit one for initiating suo-moto judicial scrutiny of the working of the Mental Hospital in general and in relation to the aspects mentioned hereinbefore.
Papers be laid before Hon'ble the Chief Justice for such orders as his Lordships may, in the circumstances of the case, deem fit."
The then Hon'ble Chief Justice ordered that the note be treated as Public Interest Litigation, upon which, this writ petition was listed in the Registry and put up before this Court for necessary action. On 16.7.2002, notice of Civil Writ Petition No.15041 of 2007 16 motion was issued to the State of Punjab. The State of Haryana through its Chief Secretary and Chandigarh Administration through Advisor to the Administrator were also impleaded as party respondents in this writ petition on 26.8.2002. The National Human Rights Commission was also impleaded as a respondent in this writ petition on 5.10.2004. Status report regarding prisoners, who were mentally ill and were confined in various jails in the States of Punjab and Haryana as well as Union Territory, Chandigarh, were called from time to time. Reports regarding illness of various prisoners were also called from the doctors concerned. In order dated 31.7.2006, this Court observed as under:-
"Two issues arise in this matter, firstly pertaining to the care and treatment of mentally challenged prisoners, who are unable to face trial on account of their incapacity and secondly, to an examination of each individual case so that appropriate orders can be made."
With regard to first issue, the States concerned were directed to take note of the recommendations made by the National Human Rights Commission with regard to above said problem. Detail instructions were reproduced in that order. Proceedings qua about seven prisoners, who had either undergone sentence, more than the minimum prescribed/ substantial part of it, for the offence charged against them, were ordered to be quashed. The four prisoners, namely, Bikramjit Singh, Ram Bhaiyya, Tara Chand and Goga Yadav were ordered to be examined in the Department of Psychiatry, PGI, Chandigarh and report was ordered to be submitted within a period of four months from the date when order was passed. In the end, this Court dealt with a human problem of rehabilitating the mentally ill prisoners, in the following manner:-
Civil Writ Petition No.15041 of 2007 17
"The final question that arises for consideration flows from the fact that proceedings against most of the prisoners have been quashed by us. It bears reiteration that all the prisoners are presently in the Institute of Mental Health, Amritsar under the orders of the Court. We also understand that it would perhaps be difficult if not impossible for such prisoners to be released to their families as there would be clear hesitation on their part to accept them. We accordingly direct that the Governments concerned will make attempts to re-unite the prisoners with their families and in case this procedure is successful, to release them to their custody. Similar attempts should be made with respect to prisoners, who are nationals of other countries. We accordingly issue a direction to the Union of India to take necessary action on this aspect. We also direct that in case it is not possible to release any prisoner to his relatives or friend, such prisoner should continue to be confined in the Institute of Mental Health."
As directed, reports of various mentally ill prisoners were received. The Court ordered follow up action on 8.3.2007. It was further ordered that all the three States should take appropriate steps to implement directions of the Human Rights Commission Thereafter, status reports regarding more prisoners of the like nature came in. The matter remained constantly under watch of this Court.
Facts and Court proceedings in CWP No.8924 of 2007 This writ petition has been filed by Dr.Upneet Lalli a Research Scholar, indicating various deficiencies in Punjab Jail Manual 1996, wherein she has Civil Writ Petition No.15041 of 2007 18 stated that many provisions in the above said manual were inadequate to meet the present day requirements, in several aspects of the prison administration. It was prayed that the State of Punjab be directed to amend the Punjab Jail Manual 1996, keeping in view the guidelines issued by Bureau of Police Research and Development which had formulated a Model Jail Manual 2003 on the instructions of Ministry of Home Affairs, Government of India. Notice of motion was issued to the State of Punjab on 31.5.2007. Vide order dated 2.4.2008, notice of motion was also issued to the State of Haryana. Vide order dated 14.8.2007, this writ petition was ordered to be taken up with CWP No.10791 of 2002.
Counsel for the parties heard.
Mr. Amol Rattan Singh, Addl. A.G. Punjab, after taking us through the contents of various affidavits filed by the Director General of Police (Prisons) Punjab in CWP No.15041 of 2007, tried to impress upon us that the living conditions in the jails, were not as bad as were being depicted in the letters, on the basis of which, suo moto notice was issued by this Court. He assured this Court that immediate steps will be initiated to develop requisite infrastructure and to make improvements in the available infrastructure in the jails.
As against this, Mr.Ranjan Lakhanpal, Advocate has argued that except doing the paper work, nothing tangible has been done by the State of Punjab. By making reference to a report made by the District and Sessions Judge and other status reports, he argued that the detenus are being denied of their fundamental rights, their living conditions are very bad and they are not being provided proper medical facilities, food etc. in the jail.
Similarly, Mr.Anupam Gupta, who assisted this Court in CWP No.10791 of 2002 as an amicus curiae, brought it to our notice that the Civil Writ Petition No.15041 of 2007 19 States of Punjab and Haryana have failed to implement the recommendations made by National Human Rights Commission regarding care and treatment of mentally challenged prisoners, as was directed by this Court, vide order dated 31.7.2006. He further argued that mentally ill prisoners are not being looked after properly. Medical facilities provided to them are not adequate. The facts mentioned above were emphatically denied by the respective State counsel, by stating that both the States have made all out efforts to improve the living conditions of mentally ill prisoners/ under trials.
Mr.H.S.Lalli, Advocate, who has put in appearance on behalf of the petitioner in CWP No.8924 of 2007, has supplied us a copy of Model Prison Manual for the Superintendence and Management of Prisons in India, formulated by Bureau of Police Research and Development, Ministry of Home Affairs, Government of India. By taking us through contents of the above said Manual and the provisions of the Punjab Jail Manual, 1996, he impressed upon us that directions ought to be issued to both the States to amend their Jail Manuals in consonance with the recommendations made in the Model Prison Manual, as referred to above.
After hearing counsel for the parties, we are convinced that the issues under consideration require thorough probe and investigation. We say so because as per various judgments of the Hon'ble Supreme Court, the detenus are entitled to enjoy basic fundamental rights, except those, denied to them under process of law. Status report submitted by District and Sessions Judge, Jalandhar is an eye opener. It indicates that the jail complex is in a bad shape. There is total non-compliance with the provisions of Chapter XXXV of the Punjab Jail Manual 1996 (in short Jail Manual), which provides the parameters with regard to sanitation, Civil Writ Petition No.15041 of 2007 20 construction of building, accommodation and prevention of over crowding in jails in the State of Punjab. It has further been indicated that to the non- compliance of the provisions of paragraph 891 masonry sleeping beds have not been provided to the inmates. Sufficient jail accommodation has not been provided, jail is over crowded and no attempt has been made to shift the excess prisoners to a temporary jail. No attention has been given to the cleanliness of the jail premises, which was stinking. Water used and the food served to the inmates was substandard. Conditions of the jail hospitals were found to be unsatisfactory.
In the year 1996, in Rama Murthy's case (supra), it was mandated by the Hon'ble Supreme Court that efforts shall be made to reform a prisoner, so that when he comes out from jail, he will be a better citizen and not a harden criminal.
In the case of Challa Ramkrishna Reddy's (supra), the Court declared that the fundamental rights, which include basic human rights, continued to be available to a prisoner. A prisoner, be he a convict or under trial or detenu, does not cease to be a human being. Even in jail, he is entitled to enjoy Right to Life guaranteed to him under the Constitution.
As per law, the inmates in jail, are entitled to avail facilities which are requisite for living of a human being. They cannot be treated like animals as is apparent from the report made by the District and Sessions Judge, Jalandhar and also a letter written by Shri Simaranjit Singh Mann. In Punjab, jails are known as 'Sudhar Ghar' (reformative house). Same is the situation in the State of Haryana. With regard to ill prisoners/ under trials, glaring deficiencies have been indicated in his report by the District and Sessions Judge, Jalandhar. Information given by Dr.B.L.Goyal, Director, Institute of Mental Health and Mental Hospital, Amritsar, Prof. Daljit Singh, Civil Writ Petition No.15041 of 2007 21 Guru Nanak Dev University, Regional Centre, Jalandhar, who were asked to assist the Court, is also on the same lines. Reading of various status reports on records, in all the writ petitions and affidavits filed from time to time by the Government officers indicates that the conditions in jails in the State of Punjab and Haryana with regards to prisoners/ under trials in general and mentally ill prisoners in particular, are not good. We also note that Model Prison Manual can be a guide to effect further improvements in Jail Administration in both the States of Punjab and Haryana and also UT Chandigarh.
Crime is a disease. It has to be dealt with psychologically or otherwise so that when a criminal comes out of a jail, he may become a tool in the advancement of the society and not a hindrance to its progress. Reformation of a convict and not deterrence, as per modern approach, is the object of punishment. During incarceration, every effort should be made to bring a good man out of a convicted person. It has to be assured that hard work/ labour done by him in jail should eventually result into a handsome saving for his own rehabilitation.
After perusing various documents on record, reports submitted by District and Sessions Judge, several affidavits / status reports filed by the officers of all the States and looking at the provisions of Model Prison Manual, we notice the following among other problems with regard to the functioning of the jails which need immediate attention:-
1. Old and dilapidated buildings
2. Over crowding
3. Delay in trial
4. Neglect of health and hygiene
5. Insufficient food and clothing Civil Writ Petition No.15041 of 2007 22
6. Insufficient medical facilities etc.
7. Lack of facilities to treat and rehabilitate mentally ill prisoners/ under trials.
8. Implementation of recommendations made by National Human Rights Commission regarding care and treatment of mentally challenged prisoners who are unable to face trials on account of their incapacity.
9. How to deal with the mentally ill prisoners who have undergone period of sentence minimum prescribed/ most part of it, for an offence with which they were charged.
10. Need to re-look into the provisions of Punjab Jail Manual taking note of recommendations made in Model Prison Manual.
In the year 1996, in the case of Rama Murthy's case (supra), their Lordships of the Hon'ble Supreme Court suggested many measures to overcome the problems as mentioned above but after a gap of more than 12 years, situation still is the same. Affidavits put on record by Director General of Prisons, Punjab indicates lack of concern of the authorities to the deteriorating conditions in the jails. The work for improvement is going on at a very slow pace and inflow of funds is not sufficient. If the situation is not remedied, it will result in gross violation of the fundamental rights of the inmates. Such a situation cannot be countenanced.
Punjab Jail Manual is a complete Code. Every aspect of Jail Administration, like its control, facilities to be made available to the inmates, their right to get good food and clothing etc., has been provided therein. Chapter II of the Jail Manual incorporates 'Punjab State Policy on Civil Writ Petition No.15041 of 2007 23 Prisons'. It lays down aims and objects of the said Policy with regard to the prisoners/ inmates in jails. A reading of the contents of this Policy is very encouraging. However, the ground reality is different. It is evident that efforts made to achieve aims and objects stated in Chapter II are only on paper. Situation in the jails is as bad today as it was more than a decade ago. If all the parameters, laid down in the above Policy are implemented, the jails will really come out as Sudhar Ghars' (reformative house) and not mere detention camps.
No doubt the Jail Manual is a good guide for jail administration, however, we feel that it needs a re-look, keeping in view the provisions made in Model Prison Manual. In view of order passed by us on 31.7.2006, in CWP No.10791 of 2002, all the three States are under an obligation to implement recommendations made by the National Human Rights Commission regarding mentally ill prisoners/ under trials. As on date, we can reasonably expect that the States are bound to adhere to and comply with the parameters for Jail Administration as laid down in Jail Manuals (till its modification), which is a very exhaustive document which deal with every aspect of Jail Administration. The fact all the same remains that the reports submitted before us indicate in no uncertain terms that there is complete violation of the provisions of the Jail Manual so far as administration and conditions in the jails in both the States are concerned.
As to how the situation can be improved, the rights of the inmates protected and a reformative approach implemented is the next question. That aspect can be taken care of by appointing a Committee each for the two States comprising three eminent citizens, having expertise in their own fields, to look into the problems as indicated by us in earlier part of this order. The Committee for the State of Punjab shall consist of:- Civil Writ Petition No.15041 of 2007 24
a) Shri Justice (Retd.) Amar Dutt
b) Shri Md.Izhar Alam, IPS (Retd.) House No.1476, Sector 42 Chandigarh
c) Shri G.P.S.Shahi, IAS (Retd.) House No.700, Sector 11-B, Chandigarh The Committee for the State of Haryana shall consist of:-
a) Shri Justice (Retd.) Jai Singh Sekhon
b) Shri V.K.Kapoor, IPS (Retd.) House No.836, Sector 16, Chandigarh
c) Shri R.R.Banswal, IAS (Retd.) House No.303, Sector 7, Panchkula The Committees shall also examine as to what extent the recommendations made by the National Human Rights Commission regarding mentally ill prisoners have been implemented by both the States.
Suggestions be also made as to how recommendations made in Model Prison Manual can be incorporated in the Punjab Jail Manual 1996. The Committees are requested to suggest amendments in that regard to make the Punjab Jail Manual 1996 an effective tool, to run the Jail Administration. The Committees are also requested to prepare and submit specific reports with regard to the ten(10) major problems indicated by us in the earlier part of this order and to suggest measures to improve the conditions in the Jails. The Committee shall, by reference to the provisions of Jail Manual, indicate the deficiencies in the jail administration and in what manner those deficiencies can be removed. The Committee is further expected to look into the problems of availability of proper accommodation for inmates, over crowding in jails and how to remove it. Issues regarding neglect of health and hygiene, food and clothing and availability of medical facilities, especially for mental ill prisoners, shall also be examined by the Committees.
Civil Writ Petition No.15041 of 2007 25
The Committees shall also look into the possibility of providing various Schemes to encourage the inmates so that they may acquire technical knowledge or proficiency in different trades to sustain themselves when they come out from jails. The work/ labour which the inmates do in jails and wages to be paid to them shall also be examined. The Committee(s) shall also recommend to the Government to release funds for early implementation of various improvement Schemes, including construction of new jails. In the first instance, the Committee(s) shall visit all the District/ Central Jails situated in both the States and submit its report within a period of five months from the date of receipt of a copy of this order.
Both the States of Punjab and Haryana are directed to ensure all help and assistance to the members of the Committee. Requisite record be produced before them. Their visits to the Jails in both the States be organized. The Committee shall be provided with transport facility as per status of the members. The Committee(s) shall be provided two Cars (good condition) each, sufficient staff to assist the Committee(s), one officer not below the rank of Assistant Inspector General of Police (Prison) shall be deputed with both the Committees to assist its members.
The members of the Committee(s) shall be entitled to get an honorarium of Rs.30,000/- each, per month. For their visits, they shall be entitled to get Daily Allowance, on the same pattern and scale, which they were getting when they were in service. The State shall make arrangement, free of cost, in State Circuit/ Guest Houses for stay of the members of the Committee(s) and its staff.
The Committee(s) shall submit its report to the respective State Governments expeditiously but not later than six months from the first Civil Writ Petition No.15041 of 2007 26 meeting of the Committee(s). One copy each of the report(s) be also sent to the Registry of this Court for necessary information.
The State Government is directed to implement recommendations of the Committee(s) within a further period of six months.
Registry is directed to send copy of this order to members of the Committee(s) forthwith.
(JASBIR SINGH)
JUDGE
May 30th 2009 (T.S.THAKUR)
gk CHIEF JUSTICE