Tihar jail visit: Bar releases report . 21 Prisoners Await Release

Srinagar: A three member team of High Court Bar Association Kashmir which recently visited Asia’s largest jail in New Delhi Monday informed that 21 prisoners of Jammu and Kashmir have been languishing in Tihar Jail from years together.

A three member team of Bar comprised of Association president Mian Abdul Qayoom, Advocate, General Secretary Muhammad Ashraf Bhat, and Executive Member Arshid Andrabi visited Central Jail Tihar on February 2 and 3. According to the team seven prisoners have been lodged in Tihar’s jail number one whom they identified as Muzaffar Ahmad Dar of Chichloora, Magam, Mushtaq Ahmad Lone of Kanelwan, Anantnag, Muhammad of Narwal Jammu, Muhammad Sidiq Ganai of Hathi Shah Sopore, Muhammad Rafiq Shah of Alasteng Srinagar, Ameer Abbas Dev of Asarabad Kishtwar, Muhammad Ghulam Jeelani Liloo a resident of Botapora Sopore.

“The inmate Muzaffar Ahmad Dar, stated before the team members that while he was lodged at Central Jail Srinagar and was facing trial in designated Court (TADA) Srinagar and Sessions Court Baramulla, he was taken under a production warrant to Delhi. Instead of producing him in the court and bringing him back to Central Jail Srinagar, he was falsely implicated in Delhi in NIA case/FIR No. RC11/2011 under section 120-B, 121-A IPC, 17,18, 39, 40 UA(P) Act registered by Delhi Police.

According to the inmate he was interrogated in BSF Camp Chawla for 13 days, where he was subjected to third degree torture and inhuman treatment by a team headed by the Chief Investigating Officer of NIA SP Rajit Singh,. According to the inmate the investigation of the case was not fair and he feels that the prosecution is interested to book more and more persons in the said open FIR. According to him the allegations levelled in the charge sheet are baseless and fabricated. He stated that during the interrogation he was made to sign some papers and later on NIA came out with the fabricated letter with the help of a computer purporting to be his handwriting. The letter is alleged to have been recovered from him at the time of his “arrest”,” The Bar said.

The team of the Bar added that in the states where NIA Act has been made applicable, special courts have been created to try under trials but no such courts have been established in Jammu and Kashmir.  “The action of arresting and shifting of such inmates to Delhi on the face of it, is illegal and devoid of any sanction and needs urgent intervention by the members of the legal fraternity.”

The Bar team said that almost all other inmates narrated their woeful tales and expressed same apprehensions.

According to Bar Association Kashmir three Kashmiri prisoners have been lodged in Jail number 2 of Tihar Jail. The Bar identified those prisoners as Mahmood Topiwala of MamarKangan, Shafaqat Ali Tuggu of  Noorbagh Sopore and Tariq Ahmad Dar a resident of Solina Srinagar.

“MahmoodTopiwala stated that he is lodged in Tihar Jail from 1995 and by now he has completed 19 years of incarceration. He stated that he has been sentenced to life imprisonment and as per law after 20 years, he is entitled to be released. He however, stated that he is not sure as to whether he will be released after completing 20 years in the prison or not.

Shafaqat Ali Tuggu stated that he was working as an operational manager in a private company at Delhi.He stated that he was arrested in 2012 in Delhi and taken to Special Cell Lodhi Colony where he was interrogated for a number of days. He said that Ahtisham who was putting up with him was also arrested in the same year and later he, Ahtisham and Touseef Ahmad Pir were booked in a false case and some recovery was also shown to have been made from them.

Tariq Ahmd Dar who alongwith Rafiq Ahmad Shah and Mohammad Hussain Fazili are facing trial in FIR No. 533/2005, FIR No. 1120/05 and FIR No. 560/2005 stated that he has been lodged in High Security Cell of Tihar Jail and his every movement is monitored by the jail authorities on a CCTV camera fixed in the cell. He stated that for the last nine years the trial of the cases registered against him and Rafiq Ahmad Shah and Mohammad Hussain Fazili is going on and now the statement of IO is being recorded. He also stated that the judgment in the case is expected now anytime,he however stated that the cases registered against him, Rafiq Ahmad Shah and Mohammad Hussain Fazili are fabricated and concocted.”

According to the Bar Team, Mohammad Shafi Shah if Bandipora, WaseemAkram Malik of Kishtwar, Jammu and Mohammad Farooq Dagga of  Kupwara have been lodged in Jail number 3 of Tihar.

Mohammad Shafi Shah stated that he was lodged in Central Jail Srinagar and was whisked away in a mysterious circumstance to Delhi and booked in a NIA case RC No. 11/2011.

WasimAkram Malik stated that he was a 4th year MBBS student of Jalalabad Ragib-Rabeya Medical College Sylhet Bangladesh,when he was arrested by Delhi police and booked in NIA Case FIR No. 09/2011 and subsequently lodged in TIhar Jail, Delhi. He said that he is registered with Medical Council of India as well, for undergoing medical education outside country. He said that in the case which has been registered against him there are 300 listed witnesses out of whom only 20 witnesses have been examined so far. He stated that 17 witnesses have also been declared as protected witnesses. He stated that for speedy trial of his case he needs legal aid and assistance as otherwise he would lose precious years of his life in jail and his academic career will also get ruined.

Farooq Ahmad Dagga stated that he was arrested in February 2012, and was facing trial in a case in the court at Kupwara. He stated that he was shown arrested in FIR No. 04/2011 registered in police station Delhi under section 17, 20 of UA(P) Act in 2011. He stated that the case is not making any progress and no proceedings are taking place in the court. He also stated that he needs legal aid and assistance for the speedy trial of the case.

In jail number 4 of Tihar there are 4 Kashmiri prisoners whom the Bar team identified as Latief Ahmad of Srinagar, Ghulam Ahmad Khaja of Poonch, Mohammad Rafiq of Poonch and Ahtisham Farooq Malik of  Sopore.

Ahtisham Farooq Malik according to CNS stated that he has passed his B.Sc.(M.L. Technology) and that he was arrested from Tagulakabad extension alongwith one Shafaqat Ali of Sopore, who is a B.Tech and was doing his job in Delhi in 2012 and since then he has either been in police custody or in jail. He stated that Tawseef Ahmad of Sopore who was reading in 12th Class in Jharkhand was also arrested and later all the three were booked in a false case, challan whereof was presented in a court at Patiala by the police in which witnesses are being examined. He stated that he has been kept in High Security ward alongwith two other persons and he is facing lot of problems over there. He also stated that even though he is entitled like other prisoners to talk to his family members on phone, twice a week, but this facility has been denied to him and to other Kashmiri prisoners on malafide and extraneous reasons. Similar kind of statements were made by the other inmates.

There are three prisoners in jail number 8 of Tihar who are Muhammad Aslam resident of Thana Mandi Rajouri, Tawseef Ahmad Pir of Sopore and Mohammad Hussain Fazili of  Srinagar.

Mohammad Aslam stated that he was arrested in 2009in Rajouri and brought to Delhiwhere he was booked in a case which is pending against him now in a court at Patiala House.He stated that the prosecution had cited 33 witnesses in the case whose statements have already been recorded. Now his statement u/s313Cr.P.C. is to be recorded. Tawseef Ahmad Pir stated that he was reading in 12th class at Jharkhand when he was arrested by the police on 27.02.2012 and later booked in FIR No. 06/2012 alongwith Shafaqat Ali Taggu and Ahtisham Ali Malik. The Challan the case was thereafter presented in the court in which evidence is now being recorded. He stated that a case is pending against him at Sopore and he is sometimes taken to the court for causing his appearance in the said case and sometimes he is not taken to the court which is also prolonging the disposal of his case over there.

Mohammad Hussain Fazili stated that he was arrested in 2005 and booked in FIR No. 533/05 registered in police station Special Cell Lodhi colony Delhi. He said that two more FIRs bearing no. 1120/2005 and 560/05 have also been registered against him by the police. He stated that he is lodged in the jail since 2005 and has by now completed 09 years of incarceration. He said that the evidence in the case is complete and only the statement of the IO is to be recorded. He stated that the other accused in the case are Mohammad Rafiq Shah and Tariq Ahmad Dar. He also stated that in view of the confessional statement of Assadullah Akhtar, he alongwith the other two persons is entitled to acquittal but the court is prolonging the disposal of the case for unknown reasons.

According to the Bar team, after meeting these prisoners, they went to RohiniJail, which is at a distance of about 9 kms from Tihar. In the said jail Talib Hussain of Bandipora and Ghulam Mohammad Bhat also a resident of Bandipora have been lodged.

Talib Hussain stated that he was arrested by 13 RR and SOG personal of J&K Police on 04.09.2013.He said that at the time of his arrest nothing was recovered from him. He stated that on the basis of a letter addressed by Major Adjutnant of 13RR a report was entered in daily dairy of police Post Ajas which falls under the jurisdiction of Police Station Sumbal Bandipora District. Thereafter a case bearing FIR No. 165 of 2013 was registered against him under section 212 RPC and section 7 of I.A. Act and investigation was started. He stated that he was interrogated for 11 days and thereafter shifted to STF Humhama, where he was ruthlessly beaten. He stated that at a police officer, ironed his back with rods due to which he sustained multiple injuries on his back. He stated that because of the use of hot iron rods, there are multiple scars on his back which has resulting in the swelling of his body and he is not now in a position to sit or stand. He stated that after torturing him at Humama he was shifted to Delhi and after further interrogation was shifted to Tihar Jail. He stated that when he was produced for remand in the court, he showed his ironed back to the Judge, but the Judge did not take any notice of his injuries/bruises/scars. He said that he is married and has two daughters aged 3 and 1 ½ years respectively.

Ghulam Mohammad Bhat stated that he was arrested in Srinagar in January 2011and brought to Delhi and booked in RC (11) of 2011. He said that he is languishing in the jail for the last four years. He stated that he is an old man, having read upto PHD level. He said that at the age of 65 years he is suffering from backache and his L3, L4 and L5 Vertebra have suffered degeneration and needspecialisedtreatment. He stated that he is also a victim of legal tangle created by NIA who has arrested him without any legal authority.

The Bar team said that after interacting with the inmates, the team members have come to the conclusion that the prisoners of J&K lodged in Tihar Jail suffer from a feeling of deprivation and helplessness.Being away from their home place, they are unable to have frequent interaction with their family members. They are not also able to meet their lawyers and receive medical care. The trauma of the fate of the trial of Mohammad Afzal Guru lodged in Tihar Jail, who was hanged in Tihar Jail itself, has also raised serious doubts in the minds of these poisoners about their future. They feel that they can be picked up anytime for any kind of treatment as the courts are more sympathetic towards the prosecution than the accused. The Bar said that the Human Rights Associations/Groups/Organisations also requiredto take note of the happenings and cometo the rescue of the Kashmiri prisoners. The Bar Association on its part has also decided to agitate the matter before the court of law to redeem the sufferings and miseries of the Kashmiri prisoners lodged in Tihar Jail Delhi. 

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