New Delhi, 2 September 2004
The National Human Rights Commission has filed an intervention application for impleading it as a party in the High Court of Punjab & Haryana to assist the Court in the pending civil writ petition in the case of mentally ill undertrials and victims who are languishing in jail because of their mental condition. The decision of NHRC was taken while pursuing the case of Jai Singh, a mentally ill patient who continues to remain in custody as an under-trial prisoner in Ambala Central Jail for nearly 27 years and in order to achieve the objective of protecting and promoting human rights as well as to prevent further violation of human rights to the life and liberty of the under-trial.
The case of under-trial prisoner Jai Singh came to the notice of the National Human Rights Commission Chairperson Dr. Justice A.S. Anand when he visited the Central Jail, Ambala on 18 October 2003. Jai Singh had been admitted to the Ambala Jail on 4 September 1977 as an undertrial in a murder case. He was transferred to the Mental Hospital in Amritsar on 9 May 1979 for treatment and thereafter never produced in the Trial Court. Since he has been in prison for almost 27 years, the Commission on 22 December 2003 sought reports within three weeks from the Superintendent, Mental Hospital, Amritsar, the Superintendent, Central Jail, Ambala, DIG, Ambala Range and Additional Sessions Judge, Kurukshetra.
A careful perusal of the various reports received projected a rather distressing picture. The file of Jai Singh's case has been consigned to the record room with the direction that the case would be summoned as and when the accused is fit to face his trial. Medical reports appear to have been sent to the court intermittently and not regularly. No reports at all appear to have been sent in the years 1983, 1988, 1991 and 1997.
It appears that Jai Singh has been reduced to a number and forgotten, a sad state of affairs. The report of the Director, Institute of Mental Health (Government Mental Hospital, Amritsar) in 8 January 2004 certified that despite the treatment given to the undertrial prisoner, Jai Singh who is being treated for 'chronic schizophrenia' has not shown any sign of recovery and continues to be unfit to stand his trial.
Even while the NHRC was dealing with Jai Singh's case, a representation was received from the under-trial's wife Maya Devi who complained that she was not allowed to meet her husband in the hospital. She has prayed that her husband may be got released on 'Humanitarian grounds' so that he can spend the rest of his life with his wife and children.
As the relevant section of the Cr.PC which deals with the provisions relating to the trial of the accused person of unsound mind, does not adequately address the cases in which the concerned accused fails to recover for a long duration and remains in custody for treatment at some mental hospital because no one comes forward to take his responsibility, the NHRC has decided to approach the High Court of Punjab & Haryana in the interest of justice.
*******