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news details
Govt cites de-congestion of jails, security concerns to defend amendment in PSA
2/6/2019 10:31:50 PM
Early Times Report
Srinagar, Feb 6: The State Government has defended its decision to amend Section 10 of the J&K PSA, enabling shifting of inmates from Jammu and Kashmir to jails in outside state.
Among others the government has cited overcrowding in jails and escape from jail of LeT commander Naveed Jatt from the premises of SMHS before his killings.
"It is relevant to mention that in 2018, one Pakistani terrorist namely Naveed Jatt escaped from SMHS Hospital Srinagar, where he was taken from Central Jail Srinagar under police escort. While Naveed Jatt escaped from police custody two police personnel accompanying him lost their lives during firing," reads an affidavit filed by Waseem Raja Deputy Secretary, to Government, Home Department.
"Consequently, the State Government took extensive review of all the jails of the State. A number of steps were taken to segregate various categories of prisoners. A number of convicts, under trial and detenues have been shifted from Kashmir based jails to Jammu based jails."
Further, the officer said, 25 Pakistani detenues who were awaiting deportation after completion of sentence were shifted to Tihar Jail, New Delhi. "However, the problem of the mixing of the hard core terrorists with the other prisoners who were indoctrinating the fellow detenues continued and the Government was not in a position to particularly shift the State Subject detenues (hard core terrorists) to the jails outside the State, in view of the bar imposed by proviso to Section 10 of the J&K Public Safety Act, 1978."
To segregate these hardcore persons from the other prisoners, he said it was felt necessary to necessary to undertake the required amendment in the Jammu and Kashmir Public Safety Act, 1978 by deleting proviso to section 10 of the Act.
Further it was considered that presently, there are 17 Jails (2 Central Jails, 13 District Jails and 2 Sub Jails), of which 14 Jails are currently operational. Further, 2 new District Jails at Kargil and Bhadenvah are under construction. "The capacity of operational Jails is 2500 (approx), which currently houses over 3000 prisoners, including about 100 foreigners and over 300 terrorists. Considering lack of adequate infrastructure and dilapidated conditions in certain jails, while some Jails are operating beyond their capacity, these needed to be decongested on a high priority."
" It would be extremely relevant to refer to various orders passed by the Supreme Court in the matter of Re-Inhuman Conditions in 1382 Prisons, relating to various reformative measures for Prisons and amongst other aspects," the officer said, adding, "overcrowding of Prisons. inadequacy of staff and poor living conditions for the inmates have been some of the key areas of Apex Court's interventions."
Moreover, he said, the buildings and security related infrastructure also need to be significantly upgraded, in a time bound manner, through adequately enhanced financial support from the State Government.
"Concurrently, the prison administration would continue with its ongoing efforts to enforce , adherence to the prescribed rules and procedures, applicable to the overall management of Jails and its inmates. It is envisaged that various measures would continue to be taken for improvement of State Jails and the living conditions of its inmates, while keeping in view the overall internal security concerns."
It needs to be emphasized that amongst other things, he said, up-gradation of the existing building and security related infrastructure would, in fact, necessitate closure of certain parts of the old Jail complexes, involving substantial shifting of its inmates to another Jail within or outside the State.
"That during the past few months, considering the internal security concerns based on specific inputs of various agencies and with a view to de-congesting certain Jails, a number of prisoners were shifted to Jammu based Jails from Kashmir. Besides, expeditious steps have also been taken to critically review the cases of foreign prisoners lodged in various State Jails, who could he recommended to the Government of India for their repatriation to their native country."
Further, he said, the State Government with a view to further decongest the different jails of the State has tiled applications in the Supreme Court praying therein for shifting of trial of various undertrial prisoners facing trial in the State to any other State. "These applications are likely to come up for hearing shortly."
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