Dashana Jail Letter to Shri y k Saxena

8/4/2019 Dashana Jail Letter to Shri y k Saxena

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Shri Y K Saxena

AdvocateAllahabad

Court No.41

Case :- CRIMINAL MISC. WRIT PETITION No. - 19959 of 2009

Petitioner :- Dr. Arun Kumar AgrawalRespondent :- State Of U.P. & OthersPetitioner Counsel :- P.C. Joshi

Respondent Counsel :- Govt. AdvocateHon'ble Ravindra Singh,J.Hon'ble Yogesh Chandra Gupta,J.

Heard the learned counsel for the petitioner and the learnedA.G.A.

This petition has been filed by the petitioner Dr.Arun Kumar Agrawal, with a prayer to quash the F.I.R. in case crimeno.498 of

2009, under sections 385, 389, 417, 419, 420, 465, 468, 471I.P.C., P.S. Kotwali Phase2, Noida, District Gautam Buddh Nagar.

From the perusal of the F.I.R. it appears that on the basis of theallegations made therein a prima facie offence is made out. Thereis no ground for interference in the F.I.R. Therefore, the prayer forquashing the impugned F.I.R. is refused.

However, considering the nature of the allegations made in the

FIR, the provisions of section 157 Cr.P.C. and the view taken bythe Apex Court in the case of Joginder Kumar Versus State ofU.P. 1994 Cr.L.J., 1981, it is directed that the petitioner shall notbe arrested in above mentioned case, till the credible evidence isnot collected by the I.O. during the investigation.

With the above direction this petition is finally disposed of.

Order Date: 18.9.2009

1 November 2009

Shri Y K SaxenaAdvocateAllahabad

Dear Shri Saxenaji

As per our conversation this morning, I am sending you a copy of thepetition I have addressed to Hon CJ/Allahabad High Court together with


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a note on the pathetic and inhumane conditions prevailing in Dasna Jail,

Ghaziabad .

I shall be grateful if you could kindly work on a PIL to be filed with theHon Allahabad High Court making Principal Secretary (Home and Jails) ,Inspector General (Prisons), UP Police and UP State Human RightsCommission as respondents in the proposed P.I.L .

However, as I am financially very hard up, defending 5 criminal FIRsregistered at Police Station Sector 20, Noida by a gang of chartered

accountants on same set of allegations every time during May 2007August 2009 .and prosecuting some 20 civil//criminal cases againstthem for extortion, 420, NI 138 , criminal defamation, professionalmisconduct, recovery cases etc , I am simply unable to find the funds topay for your professional fees . As a result of involvement in litigations andstoppage of income from assignments/lectures in India and overseas , I amunder huge debts exceeding Rs 30 lakhs . Moreover, it will be appreciatedthat this is for a just social cause, with no direct benefit to me . I just wantthe Hon High Court to record appreciation for me and yourself in thedirections that it may issue and that some thing good would come out of it

as a result of this matter being highlighted in the press .

However, I am still willing to pay for the expenses in typing/photocopying /filing etc. Also I would like to be present when the Petitioncomes for hearing .

As I have complained to several judicial and administrative authorities inthe Dasna Jail, Ghaziabad, I worry a lot about the treatment that might bemeted out to me by the Jailor , Ramji Singh or his deputy Jailors should I

happen to land there again as a result of frivolous and vexatious chargesbrought out against me by my opponents who have substantial financialand manpower resources at their command as opposed to me . In fact,when I made a complaint to one of the Deputy Jailors on several issues thatI noticed, he spoke in a very rude and abusive tone suggesting that a FIRwould be registered there and then against me for obstructing a publicservant from doing his duties . They are also capable of getting me beatenseverely and putting me in a solitary cell after making a murga of me .Already I was told by my wife when she came to visit me in Dasna Jail thatmy turn to see her came after a long time as the Visitors slip was

deliberately withheld by the concerned Dy Jailor . So there are severalWays by which they can harass an inmate and the agony is much more ifyou are a highly educated and informed person, as I am .

Would this not shock the Hon Judges conscience that a highly read andtravelled professional belonging to a well to do family should face such ainhumane treatment bordering on barbarism during the medieval ages ?Are we living in a civilized society /advanced society or are we in primitivetimes . The Jailors seem to be still having the mentality of the pre-

independence British era .


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I was arrested in fictitious charges and left to face mental stress and

anxieties for the safety and security of my family members incl: my bedridden octogenarian parents . What has the law gained by imprisoning mefor 15 days ?? In fact, in the Bail order itself the Addl.CJM has noted thatno benefit has been caused to me through the alleged offence nor has anyloss occurred to the complainaint (one of my Advocates) . There areseveral undertrials languishing in Dasna Jail who will pass timeincarcerated in horrifying conditions without ever being able to get out asthey have no resources for filing petitions and getting bailed out . Therewere several cases where bail had been granted but the undertrials were not

able to find the money and/or the sureties .

All these issues need to be highlted in a prominent manner , and ifnecessary, we can issue a joint press statement after the initial or the secondhearing after the respondents have submitted their affidavits in order tohighlight this matter in the media

Wailing behind the iron bars of Dasna Jail in

Ghaziabad

With the help of the leaders of Hind Mazdoor

Sabha, the central union with which theworkers are associated, arrested labourerslodged in Dasna Jail in Ghaziabad have

handed over a memorandum to the PrimeMinister requesting his intervention in the

immediate release and the reinstatement ofthe workers of Grazionne Transmissions , anItalian company located in Greater Noida ,alleged to be responsible for the death of itsCEO .

How long could we wait ? The only solution is

to consume poison and end my life and that ofmy children. It is not fair to my children. Buthow can I leave them to become victims

alone? laments 26-year-old Madhuri, wife ofUmesh Chandra Sahoo, a jailed worker.Madhuri is sapped of courage after strugglingto make both ends meet for five months since

Umesh was sacked by the company. Madhuri


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was candid whereas many young wives ofarrested Graziano workers wore stony faces,holding the agony and trauma withinthemselves.

The conditions of the workers in jail aredeplorable. Every time we go to meet them,we bribe the jail authorities, says Asha, the

wife of a worker. Those who have got bailagree. Half the fruits brought for us are givento the policesays Vijay Kumar, who was outon bail, adding, This is besides the money wehave to pay.

The workers have to do all sorts of menial

jobs, including cleaning toilets and drains.The jail has a system of bribes. Pay thismuch for not sweeping and mopping and ahigher amount for not working at all, anotherworker on bail added.

Seeing them in jail and the suffering we face

has made us lose our faith in thegovernment, says Anuradha, wife ofPankesh, who is in jail. Landlords want us to

be thrown out for not paying rent. Thechildren are in school. We have to meet theirneeds. The woes are endless.

Convicts falling sick in overcrowded Dasna jail

It has four times the number of prisoners it is designedto houseParmindar Singh

The Tribune

Ghaziabad, December 3 2008

Ghaziabad district jail in Dasna is having almost four times

the number of prisoners it is designed to house. As a result,


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inmates do not have enough room to stretch even. Most

inmates are sick due to lack of space and unhygienicconditions.

To meet the acute shortage of bedding, prisoners have beenallowed to bring their own bedrolls. According to the jailsuperintendent, V.K. Singh, Dasna jail is housing prisonersmany times more than its capacity. The beddings are sounhygienic that most of the criminals are suffering from skinailments of one type of the other.

In past one year, the jail administration has organised 22medical camps for the prisoners. Dasna jail, constructed on34 acres in 1996, has a capacity for 720 prisoners. BesidesGhaziabad, prisoners from Gautam Budh Nagar are alsolodged there. Four new barracks have since been added toaccommodate the increased number of inmates. The capacityof jail had gone up to 1060 inmates which was later increasedto 1660 prisoners.

A barrack meant for 60 inmates is now accommodating morethan 200 prisoners. Inmates are suffering from a number ofailments as they cannot get sufficient sleep because the placeis badly crammed. In addition to other ailments skin allergieshave assumed an alarming proportion due to lack of space,which has created unhygienic conditions.

V.K. Singh admits that prisoners are facing lot manyproblems because of excessive number of inmates, lack of

proper beddings and some prisoners are having skin allergies,etc.

According to VK Singh proposal for a new jail has been sentto the authorities to ease the overcrowding in Dasna jail.

One hundred acres of land has been demanded for setting upa new jail taking in view the projected need for increasednumber of convicts over next 20 years. For a separate jail forGautam Budh Nagar district, 34- acre piece of land has been

identified in Murastpur village, Singh added.

Asian Centre for Human Rights reports as follows :

In 2007, Uttar Pradesh was the worst violator of human rights inIndia. Home Minister Shivraj Patil informed the Lok Sabha on 27November 2007 that a total of 31,096 human rights violationswere reported in India during 2006-2007 and Uttar Pradeshaccounted for 21,899 or nearly 66% of all cases in India. On 1

December 2007, then Chairperson of National Human Rights
http://www.tribuneindia.com/2008/20081204/delhi.htm


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Commission (NHRC), Shivaraj Patil stated that the majority of

the 82,000 complaints received by NHRC in 2007 were fromUttar Pradesh, followed by Bihar and Delhi.

The Centre recorded a number of custodial deaths. The NHRCregistered seven cases of deaths in police custody in Uttar Pradeshduring the period from 1 April 200631 March 2007.

The PIL is ripe for filing following the death of Asutosh Asthana,the person behind the multi crore PF scam in Ghaziabad in midOctober 2009 while in Dasna Jail .

According to newspaper reports :

Dasna Jail has seen nine such deaths in the first 10 months of2009, including Frontier Mail blast accused Shakeel whocommitted suicide by hanging himself from a window by his

shirt. A magisterial enquiry ruled out any security lapses.

The jail recorded 4 deaths in 2008, 9 in 2007 and 8 in 2006.

Ravinder Pradhan, the main accused in the Prof KavitaChaudhary murder case died due to consumption of glass piecesin the jail.

However, the jail superintendent V. K. Singh said Pradhan might

have consumed the glass pieces during childhood and it couldhave resulted in the fatality when he was in the jail.

Similarly, several other inmates - wanted in some high profilecases - like Qamaruddin, Iqbal Singh, Jiji Hasan, Guru Jan Singh,Noor Hasan and Thakur Singh also died in mysteriouscircumstances while in the jail.

However, magisterial enquiries conducted into their deaths

exonerated the jail administration and found no loopholes in theprison's security.(IANS) .

Serious lapses found in Dasna jail

Ghaziabad, Oct 20 (IANS) Following the death of AshutoshAsthana, the prime accused-cum-witness in a corruption caseinvolving judges of the higher judiciary, in Ghaziabad's Dasna

jail, the district administration conducted an inspection and found


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serious lapses in the medical facilities available there, officials

said Tuesday .

'The Dasna jail has is over-filled with about 4,700 inmates whileits capacity is to accommodate 1,700 inmates. As per norms, theremust be two male doctors and one female doctor where aboutmore than 300 women inmates are being lodged. But Dasna jailhospital comprises only one doctor,' Additional District

Magistrate (City) Sunil Kumar Srivastava said Tuesday.A four-member team visited the high security zone, hospital,kitchen, women's barracks and other general barracks. The teamalso inspected barrack No. 5 - in which Asthana was lodged - andreportedly spoke to around 150 of nearly 200 inmates present .After the last inspection, the district administration wrote to thestate government but the required facility was not provided, ADMSrivastava said, adding that had there been proper medicalfacilities inside the jail, Asthana could have been saved.

Finding serious deficiencies in the medical facilities availableinside the jail, Srivastava said they were 'way below the mark'.

'To handle over 4,700 inmates and under-trials, there is just onesenior doctor and a single pharmacist. How can they handle such

a large rush? They have just the basic life saving medicines. Forserious complications or diseases, they neither have any doctornor medicines to cure them,' the ADM said.Terming the Dasna jail hospital as just a 'medical clinic',Srivastava said the hospital had no emergency measures to lookafter a patient.

I would be happy to provide any further information thatyou may require . I am also ready to come down to

Allahabad at a short notice once the first draft of the P.I.Lis ready .

Dr Arun AgrawalNoidaM: 9810081287 cc: Shri Surinder Pal,Advocate


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PS: I am also attaching Allahabad High Court order dated

28.10.2009 relating to my illegal arrest on 24.9.2009 and resultantcontempt of court by the Senior Sub Inspector R K Singh .

cc: Shri Surinder Pal, Advocate, Ludhiana .Further to this mail. I do have a personal agenda, although this is aP.I.L.

a) My illegal arrest by an arrogant police officer wanting to teach mea lesson for troubling Noida Police by filing RTI applications at

regular intervals - how that insensitive and inhuman person inuniformc an be taken to task

b) My subsequent handcuffing, inspite of protests, by two policesonstables and my being paraded to the District Courts from theP.S. some 500m . I have never felt more miserable in life andhumilated as on that day of 24 September which will remain etchedin my life for ever like a bad /omenous dream . How can I claimdamages from the State Police for their illegal, inhuman and

shameless actions .

I take the liberty for forwarding following documents in this regard :

a) My communication to District and Sessions Judge, GB Nagarb) - do - to Hon CJ, Allahabadc) SC directions on handcuffingd) - do -

4 November 2009Shri Karamveer Singh, IPSDirector General of PoliceUP Police Headquarters1, B N Lahiri MargLucknow 226 001

Dear Sir :

ILLEGAL ARREST AND ASSAULT BY AN ARROGANT POLICEOFFICER POSTED AT NOIDA PHASE II POLICE STATION.DISTRICT GAUTAM BUDH NAGAR , U.P. ON 24.9.2009

I thank you sincerely for directing that a detailed report be providedon the representation made by me to your goodself on 19.10.2009 .

It would, at this point of time, be appropriate to state my experiencewith Noida Police for well over 30 months now .


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In order to gain absolute control over a world body founded by my

respected father in 1980, a group of Chartered Accountants led by oneGyan Prakash Agarwalallegedly involved in a Rs 500 crorecooperative housing scam in Ghaziabad - have implicated me falselyin series of FIRs in order to keep me at bay . The details are as under :

FIR 521/07 : PS Sector 20, Noida

The concerned I.O.Satpal Yadav visited me at my house thrice . Iprovided him with all the information and clarifications that he required

.He dealt with me in a courteous manner .

Charge Sheet filed and is expected to come up for hearing mid Dec.

FIR 721/08: P. S.Sector 20, Noida

I met the concerned I.O. Vinay Kumar twice . He was provided all theinformation and clarifications that he needed . Allegations contained inthis FIR also included all the allegations made in the previous FIR .

FR was filed on 18.7.2008

FIR 1695/08 P.S.Sector 20, Noida

I have met C.O. (I) Shri R N Mishra as well as the I.O. B R Zaidiseveral times . Both of them have treated me with respect . I havealso met the S. S. P. on 14 August 2009 . All the allegations made inthe earlier FIRs were included in this FIR also with few baselessallegations added to give it a colour of being different .

Investigations in the case are pending .

FIR 860/09 P.S.Sector 20, Noida

Unlike previous FIRs which were registered via 156(3) route, this onewas registered hurriedly and named my son as well as my brother in

law( a resident of Chennai) , simply to harass other members of my familywho had nothing to do whatsoever with on going disputes over control

ofa world body having its headquarters in Sector 16A, Noida . Again,

newallegations were added to make this FIR look different from earlier

ones.

However, unlike other Police officers , the I.O. in this case, one N CSharma , S.S.I. , chose to employ high handed tactics and humiliated usby dragging my 30 year old son, educated in Scotland ,U.K. and holding

a MBA degree, in front of our neighbours from our house and takinghim to the Court from the lock up in handcuffs on 25.8.2009 . As a


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result, he was mentally shattered and had to be treated by a psychiatrist

for several days subsequent to his release on bail . This has had aterrible impact on his wife now in an advanced stage of pregnancy .

Charge Sheet has been filed in this case recently .

FIR 498/09 P.S. Phase II, Noida

As already submitted, this time I was a victim of a power drunk andarrogant Police Senior Sub Inspector , Rakesh Kumar Singh, posted at

Noida Phase II Police Station, who effected arrest while I was drivingon a street outside my home on 24.9.2009 , who abused andassaulted me when informed that the Hon Allahabad High Court hadpassed orders on 18.9.2009 staying my arrest until the I.O. had notbeen able to collect credible evidence, and who paraded me inhandcuffs on the road leading to the District Courts, 500 metres fromthe P.S

All this goes to show that clear cut uniform procedures on the actions tobe taken after registration of F.I.R. need to be prescribed and followed

by all concerned scrupulously which must not differ from person toperson in case of similar /matching circumstances as enumerated above.

I am confident that an honest attempt will be made by the Policeofficials concerned to get at the truth and that Rakesh Kumar Singh,S.S.I. posted at Noida Phase II Police Station will be duly punished forviolating standing Apex Court and Allahabad High Court orders byeffecting arrest of a learned person charged with a frivolous and pettyoffence and his brutal assault on him in utter disregard of human

rights and dignity.

While on the subject, I may add that the Honourable High Court ofAllahabad has taken prima- facie cognizance of my Petition forContempt of Court against the arrogant and insensitive Senior SubInspector, Rakesh Kumar Singh and directed him to submit a counterAffidavit by 29.11.2009 prior to summoning and subsequentappearance.

In closing, I urge that the UP Police seriously consider conducting

sensitization and awareness training programmes for the benefit of allInspectors and Sub Inspectors so that they treat the citizens with duecourtesies and not indulge in sub ko ek hi lathi se hankna .In fact, a major overhaul of the rusty, antiquated and creaking policingsystem and practices that prevail in the State of U.P. is long overdue .In a phone call to me last year, your distinguished predecessor ShriVikram Singh had assured me that he would meet me to discuss howthe State Police could take advantage of my varied experience, but forsome reason or the other, the proposed meeting could not take place .

Submitted .


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Dr Arun AgrawalB 85, Sector 31Noida 201303District Gautam Budh NagarM: 09810081287

5 November , 2009

Shri Rizwan AhmedAddl. Director General Police (Human Rights)Type V/31Police Enclave ColonyVibhuthikhand, Gomtinagar,Lucknow.Sir:

Sub: BRAZEN VIOLATION OF HUMAN RIGHTS IN

DASNA JAIL, GHAZIABAD, U.P.

Attached please find a note on deplorable and pathetic conditionsprevailing in Dasna Jail, Ghaziabad which is in the news currently .

The note is based on personal experiences as a result of my illegalarrest and assault on me by one Rakesh Kumar Singh, S.S.I.posted at Noida Phase II Police Station on 24.9.2009 in respect ofwhich a representation has been made to the D G, UP Police and isbeing looked into .

It would be observed from the enclosed note that there is a blatantviolation of human rights in respect of the inmates , apart fromdisobedience of judicial directions , lack of requisite basic facilitiesand denial of free legal aid , which the poor and the needy areentitled to .

Copies of this note have been sent to the following :

1. Hon.Chief Justice of Allahabad High Court2. Hon.Chairperson of UP Human Rights Commission3. Shri Rajnath Singh, M.P. representing Ghaziabad constituency4. Smt Maneka Gandhi, M.P. strong votary of human rights5. Smt Kiran Bedi, IPS6. Shri Rajendra Agrawal, M.P. representing Ghaziabad-Hapur

constituency in Lok Sabha7. Principal Secretary (Home and Jails) , State Govt of U.P.


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8. Commisioner, Meerut Division

9. District Magistrate, Ghaziabad10. District Magistrate, Gautam Budh Nagar11. District and Sessions Judge, Gautam Budh Nagar

as well as to the following

POLICE OFFICIALS IN U.P.

3. Director General

4. Addl.Director General (Law and Order), Western Region5. IG (Prisons)6. Addl.Director General (Prisons and Corrective Measures)7. IG , Meerut Range8. DIG (Prisons), Meerut Range9. Senior Superintendent of Police, District Ghaziabad10.Senior Superintendent of Police, District Gautam Budh Nagar

I urge that you may kindly be pleased to direct an independent

enquiry on the continuing mal-administration in Dasna Jail beforeanother Asthana or Ravinder Pal breathes his last in the verydangerous place this Jail is . The findings would be an eye-opener,I can assure your goodself .

Submitted .Dr Arun AgrawalB 85 Sector 31Noida 201303

District Gautam Budh Nagar (U.P.)M: 9810081287

WHAT DO I WANT FROM THE PIL ?

Convicts falling sick in overcrowded Dasna jailIt has four times the number of prisoners it isdesigned to house

Parmindar Singh

The Tribune

Ghaziabad, December 3 2008

Ghaziabad district jail in Dasna is having almost four timesthe number of prisoners it is designed to house. As a result,

inmates do not have enough room to stretch even. Most


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inmates are sick due to lack of space and unhygienic

conditions.

To meet the acute shortage of bedding, prisoners havebeen allowed to bring their own bedrolls. According to thejail superintendent, V.K. Singh, Dasna jail is housingprisoners many times more than its capacity. The beddingsare so unhygienic that most of the criminals are sufferingfrom skin ailments of one type of the other.

In past one year, the jail administration has organised 22medical camps for the prisoners. Dasna jail, constructed on34 acres in 1996, has a capacity for 720 prisoners. BesidesGhaziabad, prisoners from Gautam Budh Nagar are alsolodged there. Four new barracks have since been added toaccommodate the increased number of inmates. Thecapacity of jail had gone up to 1060 inmates which waslater increased to 1660 prisoners.

A barrack meant for 60 inmates is now accommodatingmore than 200 prisoners. Inmates are suffering from anumber of ailments as they cannot get sufficient sleepbecause the place is badly crammed. In addition to otherailments skin allergies have assumed an alarmingproportion due to lack of space, which has createdunhygienic conditions.

V.K. Singh admits that prisoners are facing lot manyproblems because of excessive number of inmates, lack ofproper beddings and some prisoners are having skinallergies, etc.

According to VK Singh proposal for a new jail has been sentto the authorities to ease the overcrowding in Dasna jail.

One hundred acres of land has been demanded for settingup a new jail taking in view the projected need forincreased number of convicts over next 20 years. For a

separate jail for Gautam Budh Nagar district, 34- acre pieceof land has been identified in Murastpur village, Singhadded.

4 November 2009 Part IIInhumane and pathetic conditions in Dasna Jail, Ghaziabad based onpersonal experiences

It has been said that " If there is heavens on earth, it is here, it is here, it ishere " ( referring to Kashmir )


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For Dasna Jail and the conditions prevailing there, it can be safely stated " If

there is hell on earth, it is here, it is here, it is here ." If you want a taste ofhorror, get charged in U.P. ( Western Region) on a petty offence and"experience" it in Dasna Jail by yourself . No need to go and watch an AlfredHitchcock or a Ramsey brothers horror movie . it is even worse .

Some of the ghastly experiences :

- mentally insane and depraved persons are spending time in prison -not conversing with anyone, seldom eating food and having noorientation of date and time ( housed in Baring 24B ) 3 persons

- at least 22 persons ( as informed by Doctor Pande ) are on deathbed , yet the State Administration is dilly dallying on releasing them

- a cancer patient (Thakur Yudhveer Singh - lifer) in respect of whomrecommendations for release on bail on humanitarian grounds havebeen forwarded by the Collector, Ghaziabad to the State Governmentawaits his release since last 6 months, with the papers gathering dustsomewhere in the State Secretariat ( Baring 24B)

- Diet worth Rs 120 per day or so is to be provided to the inmates, but on

calculations, it does not work out to be more than Rs 50

- Milk pouches are reported to be sold surreptiously to shops outside the Jailpremises

- Life saving drugs that are sent by relatives are delivered to the inmates more

than 24- 26 hrs after their delivery at the main gate .

- There is no ventilation in the medical ward, because of high walls on eithersides (ostensibly to keep the mosquitoes out ) making living there extremelyuneasy and and unsafe , more particularly due to the hot and humid conditions

and considering that electricity is off for the major part of the day . Only 2tubelights are functional .

- Things available in abundance are clean drinking water drawn from the handpumps, usage of filthy language by all and sundry and mosquitoes due tounhygienic conditions.

- A Pepsi bottle that costs Rs 50 in the market is sold at Rs 90 , a small tea cupis sold for Rs 5 and similarly for soaps and other utility items, whereas the

notice board on the small canteen states that the products are being sold with10% profit margin only .

- Rs 10 is to be paid compulsorily at Gate No 4 , Rs 20 at Gate No.3 and Rs60-70 to the ward /barrack incharge, upon return to the Jail after meeting therelatives/visitors .

- Nears and dears of several inmates in 7A were not aware that theywere languishing in Dasna Jail - arrest effected without informationto the relatives.

- In certain instances in 498A and domestic violence cases, entire


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families whose members are living in distant places far apart such as

Noida and Bilaspur (Chattisgarh) have been rounded up (incl: a 72year old Pujari Lakhan Goswami Baring 24A who had no role to play

inthe boy living in Noida running off with a girl) . As a result, no

memberof the family is available to seek legal aid .

- " Free legal aid service" exists only on paper . In fact, one of themostdifficult things to find in the Jail is a paper and pen . You cannot askthe person concerned for a piece of paper more than once, otherwise

you will be rebuked .

- The rotis are cooked so badly that at least half part of them are thrownaway being uneatable, resulting in huge wastage ofatta (wheat flour) .

- The toilets located behind the so called hospital do not have running waterand the taps appear not to have been used for several years .

- The bed sheets in the medical unit are not replaced when one inmate is

discharged or released on bail . They were reported be replaced only after 15

days . The Ward 9 in the Hospital is never fumigated although there are several patients suffering from different kinds of diseases, incl: TB .- There are no stretchers with wheels to be found anywhere in the Jail forpatients facing Cardiac related problems or emergency situations .

- There are no dustbins anywhere in the grounds/open spaces outside variousBarracks. As a result , litter can be found thrown all over the place .

- There is a library in the medical unit but no. of books do not exceed 100-150Nos. which are very old, and it remains closed most of the time with no place tosit inside .

- It was reported that there are no beds at all in the female barrack housingsome 800 inmates .

- With great fanfare, a Computer Centre was inaugurated a few years ago byMs Kiran Bedi,IPS , now it is reported to be non functional and has been locked.

- The Jail holds some 4500 inmates ( 3700 males, 800 males) against thecapacity of1500 , each barrack that can hold some 80-100 persons actually"accommodates"275-280 persons with just 2 toilets without running water .

At night, you have to be careful not to trip over sleeping people if you wish toattend to the call of the nature as even the walking spaces are all occupied .

- The only linen provided is a moth infected thin blanket which is never sanitized.

Some utensils such as glass and katora are shown as issued to the inmates,whereas they have to actually buy it for themselves from the small canteen .

-The inmates are made to sweep and wash the floor without mops fitted withhandlesand to pick up the dust and garbage with hands without being given anygloves or such other protective materials .


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- It takes anywhere from 4-6 hours for visitors to meet the inmates, filling up

formsat 8.00 AM and getting to meet the inmates thereafter. Surely this period can bereduced to a max of 2- 2-1/2 hrs through quick processing or use of computers .

- The prison van that can barely accommodate 20 prisoners actually takes 40-42persons incl: police personnel making the long distance commuting to the DistrictCourts and back an extremely painful process, especially for the old and the infirm .

Further suggestions:

(a) a psychological /counselling unit to assist inmates in a state of distress and

shock without access to legal aid needs to be set up urgently ;

(b) inmates be stopped from smoking bidis in the barracks and throwing the buttson the floor . The entire complex needs to be declared as no smoking zone

(c) Video conferencing facility to be set up so that inmates are not required to betransported 30-40 kms to the Courts in overpacked prison vans ( this facility isreported to be under implementation, thank God for small mercies ! )

(d) improving the quality of diet and stopping wastage by cooking the food

properly

(e) setting up a proper legal aid centre with the assistance of a retired lawyer and

Postal facilities

(f) setting up a Business Centre

(g ) A vocational training centre: learn and earn incl: a printing press/laundry unitneeds to be set up

(h)Augmentation of electricity supply and repairs of generators idling for want of

spares/diesel

(i) proper uniforms to be provided to Ward Incharges Writers and Lambardarsand they (incl: policemen on duty ) be trained on how to conduct themselves

withdifferent types of prisoners of different levels of education and knowledge .

Abuseand extortion of money is the order of the day .

(j) concrete/wooden benches to be provided at all locations, including the

Hospital where inmates are required to sit crouched on the floor for 45-60minutes . Additional doctors and pharmacists need to be provided.

ADDITIONAL RECOMMENDATION ( 1 November 2009)

That Jail Administration staff comprising of DeputyJailors/Superintendent etc be sent to Tihar Jail , Delhi for trainingon how huge jails should be administered and managed for thebetterment of mankind .


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Corrupt and antiquated practices prevailing in Dasna Jail,Ghaziabad based on personal experiences

a)Seizure of money and non accounting of it ( either partly orwholly) at the time of entry of undertrials for the first time

b)Violation of human dignity ( touching of rectum and private partsin public gaze

c) A good part of various items brought by relatives of inmatessuch as bidis ( in great demand) , lemons, bananas , onions, greenchillies etc.are forcibly seized by the frisking staff

d) 3-4 hrs waiting time for meeting the visitors after beinginformed of their coming, simplified procedures can easily be

introduced through the process of computerization or faster manualprocessing without compromising on security

e) Various items, such as soft drinks being sold well at prices wellabove their MRP ( A recent Bombay High Court Judgementdirecting Jail Canteens to not to sell above the MRP could be cited) . It would seem that the purchasing officials are in league with thesoft drinks distributors AS ONLY 2 LITRE bottles of a particularbrand

are being sold .

f) While leaving the Jail on bail, you have to pay bribes atevery gate you pass through , incl: the constables guarding thebarrack you are lodged in . For getting to see the inmatesat a shorter time, their relatives have to palm the grease of thepersons concerned .g) It was reported that indoor games like carrom/ludo/ playingcards etc are available and, in fact, a day prior to the visit of a team

of Judicial. Police and administrative officials from District GautamBudh Nagar, a list was prepared of inmates interested in playing aparticular game. However, no such games were ever provideddespite follow up with the Jail warden ( Chief Saheb ) or thebaring incharge (called writer ) . On complaining about anything,you are rebuked in filthy words .

h) When the undertrials come to the Jail for the first time, they areasked to sweep the floor/ground or else pay ginti ( Rs 120 ) .

This is a strange practice as no first timer will ever have money onhim . So he has to borrow from inmates ( if he can find someone )


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or else from the collectors and return the money to them next day

or the following day with usurious rates of interest ( usually againstRs 120 borrowed, Rs 200 is required to be paid the next day)once the relatives of the inmate/s come on visit and give somemoney.i) Measures for treating inmates in an emergency like situation, suchas loss of breath , vomitting and feeling of acute pain in the chestor dizziness etc . are non-existent .

DISTRICT OFFICIALS VISIT DASNA JAIL FOLLOWING ASTHANA DEATH

Ghaziabad, Oct 22 (IANS) Senior judicial, police and civil officers inspected Dasna Jailhere following the death of Ashutosh Asthana, prime accused as well as witness in acorruption case involving judges of the higher judiciary, and found the medical andother facilites lacking. The statement of Asthanas wife was also recorded Thursday.

The district judge recorded the statement of Sushma Asthana and others. The judgeprocured copies of documents related to the treatment and death of Asthana. He wasaccompanied by the district magistrate and the police chief in his inspection of the jail,said Ravinder Kumar Vashishtha, public relation officer of Ghaziabad police.

We found deficiencies in the kitchen. The staff was found deficient in preparing food.We have ordered that the staff be increased and hygienic conditions in kitchen andbarracks be improved, said District Magistrate R. Ramesh Kumar.

We inspected the in and out note book, the pad locks and certain civil works being

carried out in the jail. SSP Akhil Kumar and the district judge were also on theinspection visit. Regarding the jail hospital, we have written to the Uttar Pradeshadministration to increase the staff and a doctor, but no posting has been ordered so far,added the district magistrate.

Earlier, the additional district magistrate City Sunil Kumar Srivastava visited the jailand found shortcomings in the jail administration.

To handle over 4,700 inmates and undertrials, there is just one senior doctor and asingle pharmacist. How can they handle such a large rush? They have just basic lifesaving medicines. For serious complications or diseases, they neither have any doctornor medicines to cure them, Srivastava had said.

Terming Dasna Jail hospital as just a medical clinic, Srivastava had said the hospital

had no emergency measures to look after a patient inmate.

That the Court examine as to how a learned person holding a Ph.D.

has been illegally arrested in violation of standing apex court andAllahabad High Court orders charged on a very petty offence ,assaulted and brutally hit on the nose and thereafter paraded on theroad in handcuffs to the District Court for production before ACJMbefore being remanded to judicial custody for 15 days .

Regards
http://www.tribuneindia.com/2008/20081204/delhi.htm


19/39

Dr Arun Agrawal

M: 09810081287

18 October, 2009

Honble Mr. Justice Chandramauli Kumar Prasad (CJ)High Court of Judicature at Allahabad

May it please your Lordship:

You are kindly aware that the apex court has directed that no person shall behandcuffed unless prior approval has been obtained by the Police fromconcerned Magistrate .

It would appear that Noida Police are either not aware of these directions or dosokeeping in view the fact that no one comes forward to expose their malafide andnefarious acts in brazen violation of apex court orders and citizens" right to

dignity as enshrined in the Constitution of India . acts .

I had the misfortune of being arrested by Noida Police on 24 September 2009despite " arrest stayed" orders pased on 18.9.2009 by a Bench compriosing ofRavindra Singh J and Y K Gupta, J .

I was sent to Dasna Jail, Ghaziabad to spend time amongst rapists, murderers,criminals involved./sentenced in bride burning , NDPS cases and the like .

On 30.9.2009 , I was taken from the Dasna Jail, Ghaziabad to Gautam Budh

Nagar District Courts in a crowded Police Van which had 26 prisoners asagainst the capacity of 20 persons to appear before ACJM II . On arrival at theCourts, some 176 prisoners from Dasna Jail who had arrived to appear beforedeifferent Courts in Gautam Buidh Nagar District were herded together likecattle in a dark hall that could hold a maximum of 50 persons, not more ,

without any ventilation, whatsoever . There was only one exhaust fan running asagainst 4 installed there . That apart there were no toilet facilities with running

water .

That apart, I noticed in the lists available with the concerned Policemen inchargeof the " hawalat" at the District Courts, only 2 persons had the words" hathkadi"

written against their names in red colour . Shockingly, however, the entire groupof 176 prisoners incl: myself were taken to the District Courts in handcuffs inbatches of 3 persons each inspite of my protests .

2

I was again taken to the District Courts Gautam Budh Nagar on 7.10.2009 whenagain all prisoners were taken to different Courts tied in handcuffs. However,this time thePolicemen in charge referring himself to as " Diwanji" took pity onme and allowed me to be escorted by 2 policemen ( I was the sole exception]

without facing ignomy of being paraded in handcuffs in full gaze of advocates


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known to me as well as members of my family including my son's father-in-law

and his wife.

Honourable Chief Justice

We need to pause and think . Are we living in a civilised society or in medievalages treating citizens - most of them , like myself - implicated in false cases- asanimals, only to be declared innocent and acquitted after a trial running for 5-6years ?

My purpose in writing to your Lordship will be served if you are pleased

to depute a fact finding team at a short notice without alerting the Noida Policein advance If the team will establish contact with me without disclosing theiridentity , I will expose the rampant corruption flourishing in the Courts rightunder the nose of those who are responsible for its administration.

Submitted respectfully .

Dr Arun AgrawalB 85 Sector 31Noida 201303District Gautam Budh NagarState of Uttar PradeshM: 0981081287e-mail: [email protected]: 0120 - 4315625

SPEED POST

18 October, 2009

Honble Mr. Het Singh Yadav ,District and Sessions Judge

District Gautam Budh Nagar Courts

May it please your Lordship:

You are kindly aware that the Apex court has directed that no person shall behandcuffed unless prior approval has been obtained by the Police fromconcerned Magistrate .

It would appear that Noida Police are either not aware of these directions or doso
mailto:[email protected]:[email protected]:[email protected]


21/39

keeping in view the fact that no one comes forward to expose their malafide and

nefarious acts in brazen violation of apex court orders and citizens" right todignity as enshrined in the Constitution of India . acts .

I had the misfortune of being arrested by Noida Police on 24 September 2009despite " arrest stayed" orders pased on 18.9.2009 by a Bench comprising ofRavindra Singh J and Y K Gupta, J .

I was sent to Dasna Jail, Ghaziabad to spend time amongst rapists, murderers,criminals involved./sentenced in bride burning , NDPS cases and the like .

On 30.9.2009 , I was taken from the Dasna Jail, Ghaziabad to Gautam BudhNagar District Courts in a crowded Police Van which had 26 prisoners asagainst the capacity of 20 persons to appear before ACJM II . On arrival at theCourts, some 176 prisoners from Dasna Jail who had arrived to appear beforedeifferent Courts in Gautam Buidh Nagar District were herded together likecattle in a dark hall that could hold a maximum of 50 persons, not more ,

without any ventilation, whatsoever . There was only one exhaust fan running asagainst 4 installed there . That apart there were no toilet facilities with running

water .

That apart, I noticed in the lists available with the concerned Policemen inchargeof the " hawalat" at the District Courts, only 2 persons had the words" hathkadi"

written against their names in red colour . Shockingly, however, the entire groupof 176 prisoners incl: myself were taken to the District Courts in handcuffs inbatches of 3 persons each inspite of my protests .

2

I was again taken to the District Courts Gautam Budh Nagar on 7.10.2009 whenagain all prisoners were taken to different Courts tied in handcuffs. However,this time thePolicemen in charge referring himself to as " Diwanji" took pity onme and allowed me to be escorted by 2 policemen ( I was the sole exception]

without facing ignomy of being paraded in handcuffs in full gaze of advocatesknown to me as well as members of my family including my son's father-in-lawand his wife.

Honourable Sir

We need to pause and think . Are we living in a civilised society or in medievalages treating citizens - most of them , like myself - implicated in false cases- asanimals, only to be declared innocent and acquitted after a trial running for 5-6

years ?

My purpose in writing to your Honour will be served if you are pleasedto depute a vigilance team at a short notice without alerting the Noida Police inadvance If the team will establish contact with me without disclosing theiridentity , I will also expose the rampant corruption flourishing in the DistrictCourts about which I had mentioned to your goodself earlier also . The hell-likeconditions in the Court hawalat also need to be looked into on an urgent basis.


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Submitted respectfully .

Dr Arun AgrawalB 85 Sector 31Noida 201303District Gautam Budh NagarState of Uttar PradeshM: 0981081287e-mail: [email protected]

Phone: 0120 - 4315625On September 24, a Bench of the Punjab and Haryana High Court ordered the police

chiefs of Punjab, Haryana and Chandigarh to ensure that no undertrial is handcuffed

without the prior permission of the court. The Bench also directed all judicial

magistrates in the two states and the Union Territory to verify from each and every

undertrial produced before them whether they had been handcuffed by the police or not.

Legal experts say in at least three oft-quoted judgments, the Supreme Court has ordered

that handcuffing of undertrials is a strict no-no.

In its judgment dated August 30, 1978 in Sunil Batra versus Delhi Administration and

others, a five-judge Bench of the apex court ruled that fetters, especially bar fetters, wouldbe shunned as it violates human dignity, both within and outside prisons. The

indiscriminate resort to handcuffs when accused persons are taken to and from court and

the expedient of forcing irons on prison inmates are illegal and shall be stopped forthwith

save in a small category of cases where an undertrial has a credible tendency for violence

and escape, a humanely graduated degree of iron restraint is permissible if other

disciplinary alternative are unworkable, the court ruled.

In case the investigating agency feels that the undertrial has a credible tendency for

violence and escape, it has to convince the court in this regard. In successive judgments,

the courts have held that handcuffing and chaining in public degrades and puts to shame

finer sensibilities and is a slur on Indian culture.

Going a step further, the SC in its 1995-judgment in Citizens for Democracy versus State of

Assam and others ruled that in cases where the police or prison authorities are convinced

that a particular prisoner is likely to jump bail or flee from custody, the prisoner has to be

produced before the magistrate concerned and a prayer for permission to handcuff him has

to be made.

The judgment says in rare cases where proof is available to establish the prisoners

tendency to escape or indulge in violence and on the finding that no practical way of

forbidding escape is available, the magistrate may grant permission to handcuff the

prisoner

What happens if the police officer doesnt follow the guidelines? Apart from disciplinary

action by the department, he is liable to be hauled up for contempt of court.

In yet another judgment in Prem Shankar Shukla case (1980), the Supreme Court, while

denouncing handcuffing of prisoners, observed: Insurance against escape does not

compulsorily require handcuffing.

1995-(SC2)-GJX -0574 -SCCitizens For Democracy Through Its President Petitioner V. State Of AssamAnd Others,Respondents.
mailto:[email protected]:[email protected]:[email protected]


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DATE : 01-05-1995

EQUIVALENT CITATION(S) :1995-(002)-SCJ -0308 -SC

1995-(002)-UJ -0431 -SC1995-(003)-SCC -0743 -SC1995-(003)-Scale -0098 -SC

1996-(083)-AIR -2193 -SC

1996-(102)-CRLJ -3247 -SCCATCHNOTE :HEADNOTE :

Catchnote Constitution of India - Arts. 14 19 & 21 - CrPC, 1973 - Secs. 46 & 49 -Handcuffing of under trials and convicts - Not permissible - The law laid down bySupreme Court in Prem Shankar Shukla's case and Sunil Batra's case and the

directions issued the Supreme Court are binding on all concerned and any violation

or circumvention shall attract the provisions of the Contempt of Courts Act apartfrom other penal consequences under law - Magistrate may grant permission to

handcuff the prisoner in rare cases - Situation and relevant consideration when

police and jail authorities handcuffing or putting prisoner under fetters inside oroutside jail - Where a person is arrested by the police without warrant the policeofficer concerned may if he is satisfied, on the basis of the guidelines given above,

that it is necessary to handcuff such a person, he may do so till the time he istakento the police station and thereafter his production before the Magistrate - Further

use

of fetters thereafter can only be under the orders of the Magistrate - Directionsissued by the Supreme Court.Held The law laid down by Supreme Court in Prem Shankar Shukla Case and Sunil

Batra Case and the directions issued by the Supreme Court are binding on all

concerned and any violation or circumvention shall attract the provisions of theContempt of Courts Act apart from other penal consequences under law. The Court

took judicial notice of the fact that the police and the jail authorities are even now

using handcuffs and other fetters indiscriminately and without any justification. Ifhas, therefore, become necessary to give binding directions and enforce the same

meticulously. The Supreme Court has categorically held that the relevantconsideration for putting a prisoner in fetters are the character, antecedents and

propensities of the prisoner. the peculiar and special characteristics of eachindividual

prisoner have to be taken into consideration. The police and the jail authorities are

under a public duty to prevent the escape of prisoners and provide them with safe

custody but at the same time the rights of the prisoners guaranteed to them underArts. 14, 19 & 21 of the Constitution of India cannot be infarcted. The authoritiesare

justified in taking suitable measures, legally permissible, to safeguard the custodyof

the prisoners, but the use of fetters purely at the whims or subjective discretion ofthe authorities is not permissible. Handcuffs or other fetters shall not be forced on a

prisoner - convicted or under trial - while lodged in a jail anywhere in the countryor

while transporting or in transit from one jail to another or from jail to Court and

back. The police and the jail authorities, on their own, shall have no authority todirect the handcuffing of any inmate of a jail in the country or during transport

fromone jail to another or from jail to Court and back. Where the police or the jail

authorities have well-grounded basis for drawing a strong inference that a

particularprisoner is likely to jump jail or break out of the custody then the said prisoner be

produced before the Magistrate concerned and a prayer for permission to handcuff

the prisoner be made before the said Magistrate. Save in rare cases of concreteproofregarding proneness of the prisoner to violence, his tendency to escape, he being

so

dangerous/desperate and the finding that no practical way of forbidding escape is

2available, the Magistrate may grant permission to handcuff the prisoner. In all the

cases where a person arrested by police, is produced before the Magistrate andremand - judicial or non-judicial - is given by the the Magistrate the person concern


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of shall not be handcuffed unless special orders in that respect are obtained from

theMagistrate at the time of the grant of the remand. When the police arrests a person

in execution of a warrant of arrest obtained from a Magistrate, the person soarrested shall not be handcuffed unless the police has also obtained orders from theMagistrate for the handcuffing of the person to be so arrested. Where a person is

arrested by the police without warrant the police officer concerned may if he is

satisfied, on the basis of the guidelines given above, that it is necessary to handcuffsuch a person, he may do so till the time he is taken to the police station andthereafter his production before the Magistrate. Further use of fetters thereafter

canonly be under the orders of the Magistrate. Conclusion The law laid down bySupreme Court in Prem Shankar Shukla's Case and Sunil Batra's Case and the

directions issued by the Supreme Court are binding on all concerned and any

violation or circumvention shall attract the provisions of the Contempt of Courts Actapart from other penal consequences under law. Where a person is arrested by the

police without warrant the police officer concerned may if he is satisfied, on the

basisof the guidelines given above, that it is necessary to handcuff such a person, hemay

do so till the time he is taken to the police station and thereafter his productionbefore the Magistrate. Further use of fetters thereafter can only be under theorders

of the Magistrate. Catchnote Constitution of India - Arts. 14, 19 & 21 - Handcuffing

and in addition tying with ropes of the patient-prisoners who are lodged in thehospital is, inhuman and in utter violation of human rights guaranteed to anindividual under the international law and the law of the land - The Court directed

that the detenus in case they are still in hospital - Be relieved from the fetters and

the ropes with immediate effectHeld There is no basis whatsoever for drawing an inference that the seven detenus

who were lodged inside the ward of a hospital were likely to escape from custody.

The antecedents of the detenus are not known. There is nothing on the record toshow that they are prone to violence. General averments that the detenus are

hardcore activists of ULFA and that they are accused of terrorist and disruptiveactivities, murder, extortion, holding and smuggling of arms and ammunition are

notsufficient to place them under fetters and ropes while lodged in a closed ward of

the

hospital as patients. Security guards were posted outside the ward. It is not

disputedthat while in jail the detenus were not handcuffed. They cannot be in a worstcondition while in hospital under treatment as patients. In any case to safeguard

anyattempt to escape, extra armed guards can be deployed around the ward of the

hospital where the detenus are lodged. The handcuffing and in addition tying withropes of the patient-prisoners who are lodged in the hospital is, inhuman and in

utterviolation of he human rights guaranteed to an individual under the international law

and the law of the land.

Conclusion The Handcuffing and in addition tying with ropes of the patient-prisoners

who are lodged in the hospital is, inhuman and in utter violation of he human rightsguaranteed to an individual under the international law and the law of the land.

Catchnote

Evidence Act, 1872 - Sec. 57 - Judicial notice of the fact that police and the jailauthorities are even now using handcuffs and other fetters indiscriminately and

without any justification.

Conclusion The Court took judicial notice of the fact that police and the jailauthorities are even now using handcuffs and other fetters indiscriminately andwithout any justification. It has, therefore, become necessary to give binding

directions and enforce the same meticulously.

Legislation referred to Constitution of India, arts. 14, 19 & 21. CrPC, 1973, ss. 46 &49. Evidence Act, 1872, s. 57.

3

Counsel P.P. Rao, for the Petitioner. Dipankar Gupta for the respondents 1 & 3.TEXT :


25/39

CITIZENS FOR DEMOCRACY THROUGH ITS PRESIDENT PETITIONER v. STATE OF

ASSAM AND OTHERS, RESPONDENTS.Writ Petition (C) No. 22 of 1995 (Under Article 32 of the Constitution of India),

decided on May 1, 1995.The Judgment of the Court was delivered byKULDIP SINGH, J. -

"We clearly declare - and it shall be obeyed from the Inspector General of Police

andInspector General of Prisons to the escort constable and the jailwarder - that therule, regarding a prisoner in transit between prison house and court house, it

freedom from handcuffs and the exception, under conditions, of judicial supervisionwe have indicated earlier, will be restraints with irons, to be justified before orafter.

We mandate the judicial officer before whom the prisoner is produced to

interrogatethe prisoner, as a rule, whether he has been subjected to handcuffs or other 'irons'

treatment and, if he has been, the official concerned shall be asked to explain the

action forthwith in the light of this judgment."Ordained this Court - speaking through V. R. Krishna Iyer, J. - in Prem ShankarShukla v. Delhi Admn.

2. In Sunil Batra v. Delhi Admn. this Court pronounced that undertrials shall bedeemed to be in custody, but not undergoing punitive imprisonment. Fetters,especially bar fetters, shall be shunned as violative of human dignity, both within

and without prisons. The indiscriminate resort to handcuffs when accused persons

are taken to and from court and the expedient of forcing irons on prison inmatesareillegal and shall be stopped forthwith save in small category of cases where an

undertrial has a credible tendency for violence and escape, a humanely graduated

degree of 'iron' restraint is permissible if - other disciplinary alternative areunworkable. The burden of proof of the ground is on the custodian. And if he fails,

he

will be liable in law. Reckless handcuffing and chaining in public degrades and putsto

shame finer sensibilities and is a slur on our culture.3. The law declared by this Court in Shukla case and Batra case is a mandate under

Articles 141 and 144 of the Constitution of India and all concerned are bound toobey

the same. We are constrained to say that the guidelines laid down by this Court

and

the directions issued repeatedly regarding handcuffing of undertrials and convictsarenot being followed by the police, jail authorities and even by the subordinate

judiciary. We make it clear that the law laid down by this Court in the abovesaidtwo

judgments and the directions issued by us are binding on all concerned and anyviolation or circumvention shall attract the provisions of the Contempt of Courts Act

apart from other penal consequences under law.4. Mr Kuldip Nayar, an eminent journalist - in his capacity as President of "Citizens

for Democracy" - wrote a letter dated 22-12-1994 to one of us wherein he stated

asunder :

"A few days ago when I was in Guwahati I went to see a patient at the Governmenthospital. To my horror, I found 7 TADA detenus put in one room, handcuffed to

their

bed. This was despite the fact that the room in which they were locked had barsand

was locked. Outside a posse of policemen stood with guns on their shoulders. After

talking to the detenus I found that they had to pay for the medicine from their ownpocket. I fail to understood how the Assam Government could do all this in spite ofvarious court orders. I drew the attention of the State Chief Minister through a

letter

but got no reply. May I approach you to intervene."

45. This Court treated the letter as a petition under Article 32 of the Constitution of

India and issued notice to the State of Assam, through its Chief Secretary, HomeSecretary and Secretary, Health.


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6. The State of Assam has filed a counter by way of affidavit of Mr. B. V. P. Rao,

Home Secretary of the Government of Assam. The relevant part of the affidavit isreproduced hereunder :

"It is necessary to state and bring to the notice of this Hon'ble Court that during theperiod 1991-94 there have been as many as fifty-one cases of escape and/orrescue

of terrorists from police and judicial custody including thirteen terrorists who

escapedand/or were rescued from different hospitals of the State, of them seven escapedfrom Guwahati Medical College Hospital where the above seven detenus are

presently lodged .... The following three instances are significant to point out to theHon'ble Court how TADA detenus escaped from the hospitals when not in handcuff.... (a) On 1-5-1991, at about 10.30 hrs one Mahidhar Dihingia @ Bipul Das, an

ULFA

activist in custody, escaped from the Hospital of Assam Medical College, Dibrugarhwhile he was being taken to operation theatre. (b) on 11/12/1993, an ULFA

terrorist

awaiting trial for serious offences including murder, named Jatin Bora @ Nripen wasadmitted in the Guwahati Medical College Hospital for treatment as an undertrialprisoner. He was kept in the hospital without any handcuff but under police guard.

While so lodged, he killed the constable guarding him in the hospital and escaped.(c) On 14-3-1994, one Inkong Ao, belonging to the notorious terrorist organisationknown as NSCN lodged in Guwahati Medical College Hospital, climbed up a duct

approachable from the lavatory and reached the roof of the hospital building to

escape .... It is stated that in all the above-mentioned three instances, theredetenushave escaped from the hospital when they were not in handcuff. The seven detenus

in question mentioned in Shri Kuldip Nayar's letter were lodged in Guwahati Medical

College Hospital College Hospital. As the Guwahati Medical College Hospital is not apart of any jail, a part of the ward of the said hospital was set apart with a

collapsible gate for their lodgement in the Hospital under police guard. When inside

the ward they were bound by long ropes tied to one of their hands with a handcuff,which allowed them to move freely within the ward; but prevented their escape,

which was a very real apprehension having regard to the number of TADA detenusescaping from police, judicial and hospital custody as mentioned above .... As

statedabove these seven detenus are hardcore activists of ULFA, which is notorious for

insurgent and secessionist activities. These seven detenus are all accused of

terrorist

and disruptive activities, murder, extortion, hoarding and smuggling of arms andammunition and other allied offences ...."7. Mr Harish Sonowal, Secretary, Health, Government of Assam has also filed an

affidavit. Paras 3 and 4 of the affidavit are as under :"That the seven detenus are allowed to go without handcuffs to the lavatories in

thehospitals designated for them outside the ward when, they may be kept under

policeguard and also during the routine check-up and treatment. They are also allowed

morning and evening walk as per advice of doctors and the handcuffs are removed

during such time ... That while they are lodged within the ward, their escape isprevented by one of their hands being tied with a long rope tied to their respective

beds and attached to a handcuff which allows them free movement includingmovement of hands and at the same time prevent the chance of their escape or of

their being rescued."

8. The Health Secretary has further stated in his affidavit that the Government ofAssam, Health and Family Welfare Department, has issued a notification dated 30-

1-

1995 by which the Director, Medical Superintendents etc. of Government MedicalColleges, have been directed to provide all medical facilities to prisoners/undertrialprisoners who are admitted to Government Medical Hospitals on recommendation

of

attending doctors. It is also averred that the notification further provides that thehospital authorities shall make all the necessary drugs/medicines available to suchprisoners by making local purchases. The Home Secretary in his affidavit dated 21-

1-5


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1995 stated "as a matter of fact all the seven detenus were provided all required

medicines which were available in the hospital drug store".9. The undisputed facts are that while lodged inside the ward of the Guwahati

Medical College Hospital the seven detenus were handcuffed and on top of that tiedwith a long rope to contain their movement. There is no material whatsoever in thetwo affidavits filed on behalf of the State Government to draw an inference that the

detenus were likely to jump jail or break out of custody. The reasons for keeping

thedetenus under fetters are that they are hardcore ULFA activists and earlier duringthe

period 1991-94 as many as 51 detenus escaped from custody which included 13terrorists who escaped and/or were rescued from different hospitals - seven ofthem

escaped from Guwahati Medical College Hospital. This Court has categorically held

that the relevant considerations for putting a prisoner in fetters are the character,antecedents and propensities of the prisoner. The peculiar and special

characteristics

of each individual prisoner have to be taken into consideration. The nature orlengthof sentence or the number of convictions or the gruesome character of the crime

theprisoner is alleged to have committed are not by themselves relevantconsideration.

Krishna Iyer, J. in Sunil Batra case observed as under : (SCC pp. 549-51, paras

153and 159)"The defence of the State is that high-risk prisoners, even the undertrials, cannot

be

allowed to bid for escape, and where circumstances justify any result-orientedmeasure, including fetters is legally permissible ...

A synthetic grasp of the claims of custodial security and prison humanity is

essentialto solve the dilemma posed by the Additional Solicitor General. If we are soft on

security, escapes will escalate : so be stern, 'red in tooth and claw' is thesubmission. Security first and security last, is an argument with a familiar and

fearfulring with Dwyerlist memories and recent happenings. To cry 'wolf' as a cover for

official violence upon helpless prisoners is a cowardly act. Chaining all prisoners,

amputating many, caging some, can all be fobbed off, if every undertrial or convict

were painted as a potentially dangerous maniac. Assuming a few are likely toescape, would you shoot a hundred prisoners or whip everyone every day or fetterall suspects to prevent one jumping jail ? These wild apprehensions have no value

inour human order, if Articles 14, 19 and 21 are the prime actors in the constitutional

play. We just cannot accede to arguments intended to stampede courts into vestingunlimited power in risky hands with no convincing mechanism for prompt, impartial

check. A sober balance, a realistic system, with monitoring of abuses and reverencefor human rights - that alone will fill the constitutional bill."

10. This Court in Shukla case categorically held that handcuffing is prima facie

inhuman, unreasonable, arbitrary and as such repugnant to Article 21 of theConstitution of India. To prevent the escape of an undertrial is, no doubt, in public

interest, but "to bind a man hand-and-foot, fetter his limbs with hoops of steel,shuffle him along in the streets and stand him for hours in the courts is to torture

him, defile his dignity, vulgarise society and foul the soul of our constitutional

culture".11. This Court in Shukla case speaking through Krishna Iyer, J. laid down the law

as

under : (SCC pp. 537-38, paras 23 and 25)"Insurance against escape does not compulsorily require handcuffing. There areother measures whereby an escort can keep safe custody of a detenu without the

indignity and cruelty implicit in handcuffs or other iron contraptions. Indeed,

bindingtogether either the hands or the feet or both has not merely a preventive impact,but

also a punitive hurtfulness. Manacles are mayhem on the human person and inflict


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humiliation on the bearer. The Encyclopaedia Britannica, Vol. II (1973 Edn.) at p.

53states 'Handcuffs and fetters are instruments for securing the hands or feet of

prisoners under arrest, or as a means of punishment.' The three components of'irons' forced on the human person must be distinctly understood. Firstly, tohandcuff

is to hoop harshly. Further, to handcuff is to punish humiliatingly and to vulgarise

the viewers also. Iron straps are insult and pain writ large, animalising victim and

6keeper. Since there are other ways of ensuring security, it can be laid down as arule

that handcuffs or other fetters shall not be forced on the person of an undertrial

prisoner ordinarily .... We lay down as necessarily implicit in Articles 14 and 19 thatwhen there is no compulsive need to fetter a person's limbs, it is sadistic,

capricious,despotic and demoralising to humble a man by manacling him. Such arbitraryconduct surely slaps Article 14 on the face. The minimal freedom of movementwhich

even a detainee is entitled to under Article 19 (see Sunil Batra) cannot be cut down

cruelly by application of handcuffs or other hoops. It will be unreasonable so to dounless the State is able to make out that no other practical way of forbidding

escape

is available, the prisoner being so dangerous and desperate and the circumstancesso hostile to safe keeping ....But even here, the policeman's easy assumption or scary apprehension or

subjective

satisfaction of likely escape if fetters are not fitted on the prisoner is not enough.Theheavy deprivation of personal liberty must be justifiable as reasonable restriction in

the circumstances. Ignominy, inhumanity and affliction, implicit in chains andshackles are permissible, as not unreasonable, only if every other less cruel meansis

fraught with risks or beyond availability. So it is that to be consistent with Articles

14and 19 handcuffs must be the last refuge, not the routine regimen. If a few more

guards will suffice, then no handcuffs. If a close watch by armed policemen will do,

then no handcuffs. If alternative measures may be provided, then no iron bondage.This is the legal norm."12. Further elaborating the legal norm laid down by this Court in Shukla case, it

wasobserved as under : (SCC pp. 538-39, paras 26 and 27)"The conclusion flowing from these considerations is that there must first be

wellgrounded

basis for drawing a strong inference that the prisoner is likely to jump jailor break out of custody or play the vanishing trick. The belief in this behalf must bebased on antecedents which must be recorded and proneness to violence must be

authentic. Vague surmises or general averments that the undertrial is a crook or

desperado, rowdy or maniac, cannot suffice. In short, save in rare cases, ofconcrete

proof readily available of the dangerousness of the prisoner in transit - the onus of

proof of which is on him who puts the person under irons - the police escort will becommitting personal assault or mayhem if he handcuffs or fetters his charge. It is

disgusting to see the mechanical way in which callous policemen, cavalier fashion,handcuff prisoner in their charge, indifferently keeping them company assured by

thethought that the detainee is under 'iron' restraint ....

Even orders of superiors are no valid justification as constitutional rights cannot be

kept in suspense by superior orders, unless there is material, sufficiently stringent,to satisfy a reasonable mind that dangerous and desperate is the prisoner who is

being transported and further that by adding to the escort party or other strategyhe

cannot be kept under control."13. It is not necessary to burden this judgment by quoting further paragraphs from

the judgment of this Court in Shukla case. Suffice it to say that this Court has,

clearly and firmly, laid down that the police and the jail authorities are under apublic


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duty to prevent the escape of prisoners and provide them with safe custody but at

the same time the rights of the prisoners guaranteed to them under Articles 14, 19and 21 of the Constitution of India cannot be infracted. The authorities are justified

in taking suitable measures, legally permissible, to safeguard the custody of theprisoners, but the use of fetters purely at the whims or subjective discretion of theauthorities is not permissible.

14. This Court in Batra case and Shukla case elaborately dealt with the extreme

situation when the police and jail authorities can resort to handcuffing of theprisoners inside and outside the jail. It is a pity that the authorities have miserablyfailed to follow the law laid down by this Court in the matter of handcuffing of

prisoners. The directions given by this Court are not being followed and are beingtreated as a pious declaration. We take judicial notice of the fact that the police andthe jail authorities are even now using handcuffs and other fetters indiscriminately

7

and without any justification. It has, therefore, become necessary to given bindingdirections and enforce the same meticulously.15. We have elaborately narrated the facts of the present case. We are of the viewthat there is no basis whatsoever for drawing an inference that the seven detenus

who were lodged inside the ward of a hospital were likely to escape from custody.

The antecedents of the detenus are not known. There is nothing on the record toshow that they are prone to violence. General averments that the detenus are

hardcore activists of ULFA and that they are accused of terrorist and disruptive

activities, murder, extortion, holding and smuggling of arms and ammunition arenotsufficient to place them under fetters and ropes while lodged in a closed ward of

the

hospital as patients. Security guards were posted outside the ward. It is notdisputedthat while in jail the detenus were not handcuffed. They cannot be in a worst

condition while in hospital under treatment as patients. In any case to safeguardanyattempt to escape, extra armed guards can be deployed around the ward of the

hospital where the detenus are lodged. The handcuffing and in addition tying with

ropes of the patient-prisoners who are lodged in the hospital is, the least we cansay,

inhuman and in utter violation of the human rights guaranteed to an individual

underthe international law and the law of the land. We are, therefore, of the view thatthe

action of the respondents was wholly unjustified and against law. We direct that thedetenus - in case they are still in hospital - be relieved from the fetters and theropes

with immediate effect.

16. We declare, direct and lay down as a rule that handcuffs or other fetters shallnotbe forced on a prisoner - convicted or undertrial - while lodged in a jail anywhere in

the country or while transporting or in transit from one jail to another or from jail

tocourt and back. The police and the jail authorities, on their own, shall have no

authority to direct the handcuffing of any inmate of a jail in the country or during

transport from one jail to another or from jail to court and back.17. Where the police or the jail authorities have well-grounded basis for drawing a

strong inference that a particular prisoner is likely to jump jail or break out of thecustody then the said prisoner be produced before the Magistrate concerned and a

prayer for permission to handcuff the prisoner be made before the said Magistrate.Save in rare cases of concrete proof regarding proneness of the prisoner to

violence,

his tendency to escape, he being so dangerous/desperate and the finding that noother practical way of forbidding escape is available, the Magistrate may grant

permission to handcuff the prisoner.18. In all the cases where a person arrested by police, is produced before the

Magistrate and remand - judicial or non-judicial - is given by the Magistrate theperson concerned shall not be handcuffed unless special orders in that respect are

obtained from the Magistrate at the time of the grant of the remand.

19. When the police arrests a persons in execution of a warrant of arrest obtainedfrom a Magistrate, the person so arrested shall not be handcuffed unless the police


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has also obtained orders from the Magistrate for the handcuffing of the person to

beso arrested.

20. Where a person is arrested by the police without warrant the police officerconcerned may if he is satisfied, on the basis of the guidelines given by us in paraabove, that it is necessary to handcuff such a person, he may do so till the time he

is

taken to the police station and thereafter his production before the Magistrate.Further use of fetters thereafter can only be under the orders of the Magistrate asalready indicated by us.

21. We direct all ranks of police and the prison authorities to meticulously obey theabove-mentioned directions. Any violation of any of the directions issued by us byany rank of police in the country or member of the jail establishment shall be

summarily punishable under the Contempt of Courts Act apart from other penal

consequences under law. The writ petition is allowed in the above terms. No costs.822. Copy of this judgment be sent to Government of India, Ministry of Home Affairsand to all the State and Union Territory Governments through Home Secretaries.

BACKWARD REFERENCE :

FORWARD REFERENCE :REFERENCES :

ACTS & SECTIONS REFERENCE :

CONSTITUTION OF INDIAArticle 14Article 19

Article 21

Article 32Article 141Article 144

NOTIFICATIONS REFERENCE :NHRC GUIDELINES REGARDING ARREST

Need for GuidelinesArrest involves restriction of liberty of a person arrested and therefore, infringes the basichuman rights of liberty. Nevertheless the Constitution of India as well as International humanrights law recognise the power of the State to arrest any person as a part of its primary role ofmaintaining law and order. The Constitution requires a just, fair and reasonable procedureestablished by law under which alone such deprivation of liberty is permissible.Although Article 22(1) of the Constitution provides that every person placed under arrest shall

be informed as soon as may be the ground of arrest and shall not be denied the right to consultand be defended by a lawyer of his choice and S.50 of the Code of Criminal Procedure, 1973(Cr. PC) requires a police officer arresting any person to "forthwith communicate to him fullparticulars of the offence for which he is arrested or other grounds for such arrest". in actualpractice these requirements are observed more in the breach. Likewise, the requirement ofproduction of the arrested person before the court promptly which is mandated both under theConstitution [Article22(2)] and the Cr. PC (Section 57] is also not adhered to strictly.A large number of complaints pertaining to Human Rights violations are in the area of abuse ofpolice powers, particularly those of arrest and detention. It has, therefore, become necessary,with a view to narrowing the gap between law and practice, to prescribe guidelines regardingarrest even while at the same time not unduly curtailing the power of the police to effectivelymaintain and enforce law and order and proper investigation.

PRE-ARREST The power to arrest without a warrant should be exercised only after a reasonable satisfactionis reached, after some investigation, as to the genuineness and bonafides of a complaint and areasonable belief as to both the person's complicity as well as the need to effect arrest. [JoginderKumar's case- (1994) 4 SCC 260). Arrest cannot be justified merely on the existence of power, as a matter of law, to arrestwithout a warrant in a cognizable case. After Joginder Kumar's pronouncement of the Supreme Court the question whether the powerof arrest has been exercised reasonably or not is clearly a justiciable one. Arrest in cognizable cases may be considered justified in one or other of the followingcircumstances:(i) The case involves a grave offence like murder, dacoity, robbery, rape etc. and it is necessary

to arrest the suspect to prevent him from escaping or evading the process of law.(ii) The suspect is given to violent behaviour and is likely to commit further offences.


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(iii) The suspect requires to be prevented from destroying evidence or interfering with witnesses

or warning other suspects who have not yet been arrested.(iv) The suspect is a habitual offender who, unless arrested, is likely to commit similar orfurther offences. [3rd Report of National Police Commission] Except in heinous offences, as mentioned above, an arrest must be avoided if a police officerissues notice to the person to attend the police station and not leave the station withoutpermission. (see Joginder Kumar's case (1994) SCC 260). The power to arrest must be avoided where the offences are bailable unless there is a strongapprehension of the suspect absconding . Police officers carrying out an arrest or interrogation should bear clear identification andname tags with designations. The particulars of police personnel carrying out the arrest orinterrogation should be recorded contemporaneously, in a register kept at the police station.ARREST

As a rule use of force should be avoided while effecting arrest. However, in case of forcibleresistance to arrest, minimum force to overcome such resistance may be used. However, caremust be taken to ensure that injuries to the person being arrested, visible or otherwise, isavoided. The dignity of the person being arrested should be protected. Public display or parading ofthe person arrested should not be permitted at any cost. Searches of the person arrested must be done with due respect to the dignity of the person,without force or aggression and with care for the person's right to privacy. Searches of womenshould only be made by other women with strict regard to decency. (S.51(2) Cr.PC.) The use of handcuffs or leg chains should be avoided and if at all, it should be resorted tostrictly in accordance with the law repeatedly explained and mandated in judgment of theSupreme Court in Prem Shanker Shukla v. Delhi Administration [(1980) 3 SCC 526] andCitizen for Democracy v. State of Assam[(1995) 3 SCC 743]. As far as is practicable women police officers should be associated where the person orpersons being arrested are women. The arrest of women between sunset and sunrise should beavoided. Where children or juveniles are sought to be arrested, no force or beatings should beadministered under any circumstances. Police Officers, may for this purpose, associaterespectable citizens so that the children or juveniles are not terrorised and minimal coercion isused. Where the arrest is without a warrant, the person arrested has to be immediately informed ofthe grounds of arrest in a language which he or she understands. Again, for this purpose, thepolice, if necessary may take the help of respectable citizens. These grounds must have alreadybeen recorded in writing in police records. The person arrested should be shown the writtenreasons as well and also given a copy on demand. (S.50(1) Cr.PC.) The arrested person can, on a request made by him or her, demand that a friend, relative orother person known to him be informed of the fact of his arrest and the place of his detention.The police should record in a register the name of the person so informed. [Joginder Kumar'scase (supra)]. If a person is arrested for a bailable offence, the police officer should inform him of hisentilement to be released on bail so that he may arrange for sureties. (S.50(2) Cr.PC.) Apart from informing the person arrested of the above rights, the police should also informhim of his right to consult and be defended by a lawyer of his choice. He should also beinformed that he is entitled to free legal aid at state expense [D.K. Basu's case (1997) 1 SCC]. When the person arrested is brought to the police station, he should, if he makes a request inthis regard, be given prompt medical assistance. He must be informed of this right. Where thepolice officer finds that the arrested person is in a condition where he is unable to make suchrequest but is in need of medical help, he should promptly arrange for the same. This must alsobe recorded contemporaneously in a register. The female requesting for medical help should beexamined only by a female registered medical practitioner. (S.53 Cr.PC.) Information regarding the arrest and the place of detention should be communicated by thepolice officer effecting the arrest without any delay to the police Control Room and District /State Headquarters. There must be a monitoring mechanism working round the clock. As soon as the person is arrested, police officer effecting the arrest shall make a mention ofthe existence or non-existence of any injury(s) on the person of the arrestee in the register ofarrest. If any injuries are found on the person of the arrestee, full description and otherparticulars as to the manner in which the injuries were caused should be mentioned in theregister, which entry shall also be signed by the police officer and the arrestee. At the time ofrelease of the arrestee, a certificate to the above effect under the signature of the police officer

shall be issued to the arrestee.


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If the arrestee has been remanded to police custody under the orders of the court, the arrestee

should be subjected to medical examination by a trained Medical Officer every 48 hours duringdetention in custody by a doctor on the panel of approved doctors appointed by Director, HealthServices of the concerned State or Union Territory. At the time of his release from the policecustody, the arrestee shall be got medically examined and a certificate shall be issued to himstating therein the factual position of the existence or nonexistence of any injuries on his person.POST ARREST The person under arrest must be produced before the appropriate court within 24 hours of thearrest (Ss 56 and 57 Cr.PC). The person arrested should be permitted to meet his lawyer at any time during theinterrogation. The interrogation should be conducted in a clearly identifiable place, which has been n

Dashana Jail Letter to Shri y k Saxena

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