NHRC intervenes in the Delhi High Court in the case of a prisoner



The National Human Rights Commission took up the case of Shri Charanjit Singh, an undertrial prisoner in the Tihar jail, who had been suffering from multiple health problems, including mental illness. Following an intervention by it in the Delhi High Court, a solution has been found for Charanjit Singh with the help of VIMHANS and Helpage India.
The Commission initiated proceedings following a letter that it received, dated 26 February 2002, from the Office of the Director General Prisons, Delhi stating that an undertrial prisoner, Charanjit Singh, had been languishing in the Tihar jail since 28 October 1985. The prison authorities had observed that the prisoner had already spent around 16 years in the jail and even if he were convicted, his case would have been placed before the Government for premature release. They also stated that there was no one to stand surety for him and that he was mentally frail.
Deeply concerned by the need to protect the human rights of this undertrial prisoner, the Commission decided to file an application in the High Court of Delhi under Section 482 Cr.P.C. seeking the quashing of the trial in view of the inordinate delay in reaching a conclusion. The Commission asked Ms. Meenakshi Arora, Advocate, to file an application in this regard.
On 7 November 2002, the Hon'ble High Court of Delhi allowed the intervention application and directed the counsel to furnish a list of organizations to whom custody of the accused could be entrusted. The matter was then taken up by the Commission with the Department of Social Welfare, Government of the National Territory of Delhi, which suggested the name of the "Care Foundation". However, the "Care Foundation" informed the Commission that they did not have any residential facilities for the rehabilitation of such persons.
In the interim, the High Court issued directions that Shri Charanjit Singh be transferred to the Institute of Human Behaviour and Applied Sciences, Shahdra for treatment. Subsequently, he was taken to LNJP Hospital and DDU Hospital. As the Institute of Human Behaviour and Allied Sciences indicated that it was not interested in keeping Charanjit Singh, the High Court of Delhi asked the Commission to identify an appropriate institution / organization where he could be kept. The Commission, accordingly, identified VIMHANS and Helpage India as possible institutions and held consultations with them. Pursuant to the Commission's efforts, VIMHANS has decided to extend medical facilities and treatment free of cost to Shri Charanjit Singh. After VIMHANS certifies that the condition of the patient to be stable, Help Age India has offered to take over the petitioner and accommodate him in their half-way home or old-age home without charging any expenses.
The offer of VIMHANS and the Helpage India were brought to the attention of the High Court by the Commission. The High Court subsequently issued notice to VIMHANS and Helpage India to ascertain their consent. When this was confirmed by these organizations, the High Court issued directions on 31 July 2003 to shift Shri Charanjit Singh to VIMHANS within one week. The High Court also directed that, in the event of any medical emergency arising which cannot be treated at VIMHANS, Shri Charanjit Singh could be taken to any other Government Hospital or Apollo Hospital or Batra Hospital, which shall treat him without any charge. The High Court exempted Shri Charanjit Singh from any further personal appearance before the trial court and asked the jail authorities to submit a report on his medical status to the trial court.