Over 30 years later 4 undertrial prisoners<br> at the Mental Hospital in Tezpur, Assam freed

A visit by the Commission's Special Rapporteur Shri Chaman Lal to the LGB Regional Institute of Mental Health in Tezpur, Assam on 31 March and 1 April 2005 had revealed the plight of 6 mentally ill persons who had been undertrial prisoners for years together. They were Machang Lalung who has been an undertrial prisoner for 54 years, Khalilur Rehman who has been lodged in the Mental Hospital for 35 years, Anil Kumar Burman an undertrial prisoner for 33 years, Sonamoni Deb an undertrial prisoner for 32 years, a woman Parbati Mallik who has been a undertrial prisoner for 32 years and Hemakanta Changmai. On coming to know about this, the Commission had taken suo-motu cognizance and asked the authorities concerned for a report.
In reply, the IG (Prisons) sent a communication on the status of 4 of the undertrials. The report on Anil Kumar Burman is still awaited.
The report stated that -
· Machang Lalung had been released on a personal bond of Re. 1.00 by the Chief Judicial Magistrate, Kamrup on 1 July 2005. He has been handed over to the custody and care of his nephew. Lalung was transferred to the Mental hospital on 14 April 1951, from the Guwahati jail, where he was lodged as an undertrial prisoner. As per information, prima facie, the accused was never produced in the trial court for trial even though he was fit to stand for trial after 9th August 1967. While as undertrial prisoner, he had received no visitors for more than 40 years.
· Sonamoni Deb had been certified fit for discharge. He has since been handed over to his brother. Shri Deb was acquitted by Sessions Judge, Lakhmipur on 8 November 1971 in a murder case on the ground of insanity and he was ordered to be detained in jail for observation and necessary action. He was transferred to Tezpur mental hospital, now called LGB Regional Institute of Mental Health, on 5 July 1972 from Dibrugarh jail. Deb, a destitute was wrongly treated as a prisoner after 8th Nov.1971, even after the Sessions Judge, Lakhmipur found him "not guilty" of the offence.
· Khalilur Rehman has been released. He is now in the care and custody of his sister who took charge of him on 24 June 2005. Rehman was sentenced to imprisonment for life by the Sessions Judge, Cachar on 23 July 1965. He was acquitted of the charges on the ground of insanity by the Guwahati High Court on 30 April 1968. Thereafter, he was transferred to Tezpur mental hospital on 1 December 1969 under the orders of the State Government.
· Parbati Mallik's brothers have been traced and they have expressed their willingness to take care of her on her release from jail. Her case was fixed for 4 July 2005 for her production and order before the Sessions Judge, Cachar. Mallik who was acquitted in a murder case was transferred to LGB Regional Institute of Mental Health on 9 May 1977 from Silchar jail.

The Director of the LGB Regional Institute of Mental Health in Tezpur in his report on the condition of -
· Hemakanta Changmai stated that the undertrial prisoner needs continuous supervised medication and he is not fit for discharge. A progress report has been sent to the Hon'ble Sessions Judge, Dhemaji.
The NHRC noted the report and closed the matter. At the same time, it requested the Director to ensure that full periodical reports as required under the Mental Health Act, 1987 be sent to the Court regularly.