This report of a three-member team of the J&K High Court Bar Association's visit to Tihar Jail (he largest prison complex in Asia) in New Delhi on February 2-3, 2015 to meet Kashmiri detainees/prisoners and ascertain the condition of their imprisonment. There were approdimately 21 such prisoners in Tihar Jail at that time. Contrary to court orders, the team was only allowed to visit 5 prisoners. The reports indivudual cases of detainees/prisoners who are being mistreated and denied fundamental rights. After returning to the valley, the Bar issued a statement detailing their interactions. From their statements it is evident that Kashmiri prisoners are being discriminated against and mistreated- they are deprived of jail facilities and visitation rights; additionally, Kashmiri prisoners are denied the right to have their cases tried in NIA courts without any good reason.
Topics: mistreatment of Kashmiri prisoners, violations of fundamental rights
Terms: TADA, NIA Act, RTI Act, TADA Court, NIA Court, torture, inhuman treatment, BSF Camp Chawla, Section 268 Criminal Procedure Code, fabricated evidence, manufactured cases, false implication, indefinite detetnion, violation of prisoner’s rights, discrimination against Kashmiris outside Kashmir, prisoner mistreatment, arbitrary detention, denial of medical treatment, illegal imprisonment, perventive detention, revolving detention, denial of due process, denial of legal representation, Muzaffar Ahmad Dar, Mushtaq Ahmad Lone, Yaqoob s/o Shukrain, Mohammad Siddiq Ganai, Mohammad Rafiq Shah, Ameer Abbas Dev, Mohammad Ghulam Jeelani Liloo, Mahmood Topiwala, Shafaqat Ali Tuggu, Tariq Ahmad Dar, Mohammad Shafi Shah, Waseem Akram Malik, Mohammad Farooq Dagga, Latief Ahmad, Ghulam Ahmad Khaja, Mohammad Rafiq, Ahtisham Farooq Malik, Muhammad Aslam, Tawseef Ahmad Pir, Mohammad Hussain Fazili, denial of access to justice, discrimination against Kashmiris, National Investigation Agency (NIA), violation of habeas corpus, denial of a fair trial,
Being away from their home place, they are unable to have frequent interaction with their family members. They are also not able to meet their lawyers and receive medical care.
They also say that in other stated where the NIA has arrested any person, courts have been established in those states itself and those accused persons are being tried by those courts in their home states, however, in case of Kashmiri prisoners,no NIA court has been created or established in the state of J&K and anyone arrested by NIA is immediately brought to Delhi and prosecuted in NIA court overthere...The Kashmiri prisoners have questioned the jurisdiction of NIA, as according to them, there is no notification in existence whereunder the Central Govt. has extended the provisions of NIA Act to the State of J&K, but the courts have overlooked their objections and are proceeding with the case without first examining the jurisdiction aspect of the matter.
This report is made available courtesy of KashmirLife.
April 2015
Originally published