NHRC invokes powers of a Civil Court Summons issued to Chief Secretary, UP

Taking a serious view of the non-response of the Government of Uttar Pradesh in a case involving the illegal detention and false implication of Shri Lal Chandra, the National Human Rights Commission invoked powers of a Civil Court and summoned the Chief Secretary, Government of Uttar Pradesh to appear before it together with all relevant records on 28 July 2003.
The Commission took cognizance of a complaint from Sri Lal Chandra, who was allegedly arrested by the Ghanghata police in Sant Kabir Nagar District without disclosing any reason on 1 November 1999 and kept under illegal detention till 5 November 1999. He was implicated in a false case and charged with having committed several offences including of murder and was kept under detention from 6 November 1999 to 6 March 2000 in the District Jail, Basti. Later, it was found that the man who had allegedly been murdered was alive and Shri Chandra was let off by the Court.
The Commission issued notice to the Director General of Police, UP calling for a report. The report submitted by the UP police revealed that no thorough investigation was made by the investigating officer and that, as a result, the petitioner had had to remain in the jail. The two Sub-Inspectors responsible for negligence were therefore placed under suspension on 2 April 2000. Later, a case under Section 342 IPC and Section 29 of the Police Act was registered against both the Sub-Inspectors, which was substantiated after the investigation. The Investigation Officer submitted a report to the DIG, Basti Range for the prosecution of the delinquent police officers but as sanction was not given for prosecution, the investigation was closed and a final report submitted to the Court, which appeared to have been duly accepted.
The Commission held that those responsible for the illegal detention and false prosecution of Shri Lal Chandra were liable to be proceeded against in accordance with law, in addition to the payment of compensation to the victim for the violation of his human rights.
For a proper appreciation of the facts, the Commission found it necessary to examine the relevant documents, including the order refusing to sanction prosecution, the final report submitted to the Court and the order of the Court accepting the final report. Accordingly, the Commission asked the Chief Secretary, UP to send a complete report by 25 November 2002. No response was received though four reminders were issued by NHRC between 9 December 2002 and 6 May 2003. The Commission, in its meeting held on 16 June 2003, viewed this casual attitude of the Government of Uttar Pradesh seriously.
By virtue of the powers vested in it under section 13 of the Protection of Human Rights Act, 1993, the Commission directed the Chief Secretary, Uttar Pradesh to appear before it together with all relevant records on 28 July 2003.



Commission suggests measures to reduce congestion of
under-trials in prisons



The plight of under-trial prisoners in the country has long been of concern to the National Human Rights commission. In a recent letter to the Chief Justices of all High Courts, the Chairperson of the Commission, Dr. Justice A.S. Anand accordingly suggested the regular holding of special courts in jails and monitoring by the Chief Justice/senior Judge of the High Court, monthly review of the cases of under-trials, release of under-trials on personal bonds and visits by District and Sessions Judges to jails.
The Supreme Court, in its judgment in Common Cause Vs. Union of India, has issued clear directions for release on bail and for discharge of certain categories of under-trials specified in that judgment. The Commission emphasized the need for a monthly review of the cases of under-trials in the light of this judgment.
A number of under-trials are found to be languishing in jails even after being granted bail simply because they are unable to raise sureties. The Commission suggested that cases of such under-trials could be reviewed after 6-8 weeks to consider their suitability for release on personal bonds, especially in cases when they are first offenders and punishment is also less than 2/3 years.
The Jail Manuals of all the States contain provisions for the periodic visit of the District and Session Judge, as an ex-officio visitor, to jails falling within their jurisdiction. Besides ensuring an overall improvement in the management and administration of the prison, such visits can help in identifying the cases of long-staying under-trials, which need urgent and special attention. The Commission has observed a marked improvement in the situation in the States where this obligation is being discharged seriously and sincerely by the subordinate judiciary. The Commission, therefore, stressed the need to issue directions for such visits by all the ex-officio visitors to jails falling in their jurisdictions.
The Commission also requested the Chief Justices of all High Courts to keep it informed of the action taken on the above suggestions in order to enable the Commission to circulate such information to other States with a view to bringing about “uniformity” as well as “intensity”. Additionally, the Commission sought their suggestions on ways to deal with the problems of under-trial prisoners.
Despite several pronouncements of the Hon’ble Supreme Court of India and certain High Courts on the subject, the Commission has found that under-trial prisoners are languishing in jails in large numbers all over the country. Slow progress of cases in Courts and the operation of the system of bail to the disadvantage of the poor and the illiterate prisoners is responsible for the pathetic plight of these “forgotten souls” who continue to suffer all the hardships of incarceration although their guilt is yet to be established. It is the overwhelming congestion of under-trials in jails which is making it difficult for the Prison Administration to ensure that the basic minimum needs of the prisoners such as accommodation, sanitation and hygiene, water and food, clothing and bedding and medical facilities are satisfied.
For the past two years, the Commission had been conducting a biannual analysis of the prison population by obtaining data from all the States/Union Territories as of 30 June and 31 December of each year. The analysis of the prison population as of 30 June 2002 indicated that:
i) The prison population of the entire country was 3,04,813 against the built-in capacity of 2,32,412. It shows an overcrowding of 31.2% for the country as a whole. However, in some States/UTs such as Delhi, Jharkhand, Chhatisgarh, Gujarat, Haryana and Bihar, the prison population is 2 to 3 times of the total capacity of all the jails.
ii) Under-trials constitute about 75% of the prison population in the country as a whole. The proportion of under-trials to the total prison population is 80% or more in 7 States and one U.T. It is 100% in the Union Territory of Dadra and Nagar Haveli.



Notice to Delhi Government on the sewage plant tragedy


The Commission took suo-motu cognizance of a news item which appeared in several national dailies on 26 June 2003 on the killing of five workers in a sewage plant. According to the reports, five employees of a contractor of the Delhi Jal Board died owing to harmful gases in an underground tank at the Rithala sewage treatment plant in North West Delhi.
The Commission issued notice to the Chief Secretary, Government of National Territory of Delhi and Chief Executive Officer, Delhi Jal Board calling for a report on that incident within two weeks. The Commission additionally asked them to respond as to whether the guidelines formulated by it in respect of the “Safety Code for Operation and Maintenance of Sewerage Systems” for the safety of workmen were being followed by the Delhi Jal Board and its contractors.
The Commission also received a complaint on that incident from Jal Mal Kamgar Sangharsh Morcha. The Commission decided to send these complaints to the Chief Secretary, Delhi and Chief Executive Officer, Delhi Jal Board for their response within two weeks.



Visit to Yervada Central Jail, Pune


The Chairperson of the Commission, Dr. Justice A.S. Anand visited the Yervada Central Jail, Pune on 12 June 2003. The Chairperson inspected the factory section, hospital area, women’s jail and open jail.
The Chairperson took special interest in the problems of mentally ill prisoners and felt that the power to decide the admission of acutely ill patients to the Mental Hospital, which is vested in the Government, should be delegated to the IG (Prisons), Maharashtra whose headquarters are located at Pune itself. Delay in the clearance of such proposals by the Government has been found to be fatal in some cases in the past.



Summer Internship programme organized


The Commission organized a one-month summer internship programme from 19 May 2003 to 17 June 2003. Eighteen students from the States of Andhra Pradesh, Delhi, Madhya Pradesh, Maharashtra, Pondicherry, Rajasthan, Tamil Nadu and Uttar Pradesh participated in the programme. During the internship, the Commission’s working methods and activities were explained to the interns and special lectures, covering various aspects of human rights, including issues relating to disability, dalits and adivasis, the role of NGOs etc. were organized. The interns also worked on research topics as a part of the programme.