23 December 2003
New Delhi


The National Human Rights Commission has taken up the case of a mentally ill undertrial, Jai Singh lodged at Ambala Central Jail who has been in prison for almost 27 years. Terming it as yet another case where the judiciary and prison authorities appeared to have failed to protect the human rights of prisoners, the Commission has sought reports from the Superintendent, Mental Hospital Ambala, Superintendent Central Jail, Ambala, DIG Ambala and Additional Sessions Judge, Kurushetra within 3 weeks.

The case of undertrial prisoner Jai Singh came to the notice of National Human Rights Commission Chairperson Dr. Justice A.S. Anand when he visited the Central Jail, Ambala on 18th 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.

The Commission sought a report from the Superintendent, Central Jail, Ambala. According to the report dated 21 November 2003 received from the Superintendent Central Jail, Ambala, Jai Singh was admitted to the Ambala Jail as an undertrial prisoner in a case of murder vide FIR No. 28 dated 3 March 1976. Since he was not able to stand trial presumably because of his mental condition, he was transferred to the Mental Hospital, Amritsar for treatment by an order of the Addl. Sessions Judge, Kurushetra. From the report it is not clear whether the Superintendent of the Mental Hospital, Amritsar has been submitting periodical reports regarding the mental and physical condition of the undertrial prisoner Jai Singh to the Addl. Sessions Judge, Kurushetra as required by Section 39(3) of the Mental Health Act, 1987.

Since the undertrial has been in prison for almost 27 years, the Commission has sought reports from the authorities concerned within 3 weeks.

· The Superintendent, Mental Hospital, Amritsar has been asked to inform the Commission whether the periodical reports regarding the mental and physical condition of under-trial, Jai Singh, have been submitted to the Additional Sessions Judge, Kurukshetra and, if not, the explanation for not following the mandate.

· The Superintendent, Central Jail, Ambala has been asked to inform the Commission about the present status of the murder case arising out of FIR No. 28 dated 3 March 1976 against Shri Jai Singh, and that last date when remand was given for his detention.

· DIG, Ambala Range, has been asked to send to the Commission a copy of the FIR No. 28 dated 3 March 1976 together with the statement showing the dates when the under-trial prisoner was produced in the court for remand and the orders of the court made on the remand application.

· While Additional Sessions Judge, Kurukshetra has been asked to send to the Commission a report, in a chronological, order of the various dates when the under-trial prisoner, Jai Singh was produced in the court and the orders made thereon. In case, the under-trial prisoner has not been produced in the court after 9.5.1979, copies of any proceedings concerning him made in the court record be also forwarded to the Commission. Copy of the order of the Additional Sessions Judge, Kurukshetra directing the detention/transfer of Jai Singh, under-trial prisoner in the Mental Hospital, Amritsar be also sent to the Commission.

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