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SC bats for prisoners’ right to dignity, issues stern directives on prison reforms

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SC bats for prisoners’ right to dignity, issues stern directives on prison reforms

[vc_row][vc_column][vc_column_text]Custodial deaths indicate the apparent disdain of the State to the life and liberty of individuals, says the Supreme Court in landmark 43-page verdict

In a landmark verdict aimed at restoring a prisoner’s right to lead a life with dignity even while being lodged in a jail and to provide for the kin of prisoners who die of “unnatural’ causes while in jail, the Supreme Court on Friday issued a slew of directives to the Centre, States and High Courts across the country.

Noting that “there seems to be no let up in custodial deaths” across the country, the apex court Bench of Justices Madan B Lokur and Deepak Gupta said: “This is not a sad but a tragic state of affairs indicating the apparent disdain of the State to the life and liberty of individuals, particularly those in custody. The time to remedy the situation is long past and yet, there seems to be no will and therefore no solution in sight”.

Interestingly, the judgment came not on a public interest litigation but over a letter addressed to the apex court in 2013 by its then Chief Justice RC Lahoti on the deplorable conditions of 1382 prisons across the country, which had been admitted in the form of a PIL.

Justice Lokur who authored the judgment delivered on Friday said in his 43-page verdict: “right sounding noises critical of custodial violence (in any form) cannot achieve any useful purpose unless persons in authority hear the voices of the victims or the silence of the dead and act on them by taking remedial steps.”

The verdict asks Chief Justices of all High Courts across the country to “register a suo motu public interest petition with a view to identifying the next of kin of the prisoners who have admittedly died an unnatural death as revealed by the National Crime Records Bureau (NCRB) during the period between 2012 and 2015 and even thereafter, and award suitable compensation, unless adequate compensation has already been awarded”.

The Court’s order to compute compensation from 2012 onwards has been given on the rationale that the NCRB didn’t maintain any data for unnatural deaths in prisons in the years preceding 2012.

The Court’s directive is a welcome and radical departure from the currently established practice of the National Human Rights Commission (NHRC) or its subsidiaries in the States deciding on and awarding compensation in cases of custodial torture, deaths, etc. The Bench possibly bore in mind that most state governments do not adhere to directives issued by the human rights panels as these commissions do not exercise any power of contempt – a right that is reserved for courts. This judgment thus sets a new precedent wherein the high court will now directly award compensation and ensure compliance by the States.

According to data with the NCRB, 551 “unnatural deaths”, including 328 suicides, had happened in prisons across the country between 2012 and 2015. A monograph by the NHRC published in December 2014 had pointed out that between 2007 and 2011, suicides accounted for 71 per cent of the total number of unnatural deaths in prison. Further, the monograph established that while the average suicide rate among the general public for this period was 11 per 1,00,000; the average suicide rate in prisons was 16.9 per 1,00,000.

The court directed the Union ministry of home affairs (MHA) to ensure circulation within one month and “in any event by 31st October, 2017” of the Model Prison Manual, the monograph prepared by the NHRC, the compendium of advisories issued by the MHA to state governments, the Nelson Mandela Rules (a charter passed by the UN General Assembly which says “merely because a person is in prison, it does not mean that he or she should be cut off from the outside world) and the guidelines on investigating deaths in custody issued by the International Committee of the Red Cross to the Director General or Inspector General of Police in charge of prisons in every State and Union Territory.

The judgment also asks all state government to “conduct training and sensitization programmes for senior police officials of all prisons on their functions, duties and responsibilities as also the rights and duties of prisoners.” The Bench has also said that State must appoint “counselors and support persons for counselling prisoners, particularly first-time offenders”.

Another directive issued by the Supreme Court which only emphasizes its seriousness on implementing prison reforms is that state government must “consider extending the time or frequency of meetings and also explore the possibility of using phones and video conferencing for communications not only between a prisoner and family members of that prisoner, but also between a prisoner and the lawyer, whether appointed through the State Legal Services Authority or otherwise.”

Observing that the “right to health is undoubtedly a human right” the Bench also directed state governments “to study the availability of medical assistance to prisoners and take remedial steps wherever necessary”. The Court also asked the Centre and state governments to consider the establishment of “open jails”.

The verdict also comprehensively addresses the juvenile convicts and undertrials who have died unnatural deaths while in custody or in juvenile justice homes and makes a pointed reference to how both the Centre and States were “oblivious to the possibility of death of children in custody in child care institutions” as no figure for such deaths was ever compiled. The verdict goes on to state that “it seems that apart from being ‘voiceless’, such children are also dispensable” and sets a deadline of December 31, 2017 for the Union ministry of women and child development to formulate procedures for tabulating the number of children who suffered unnatural deaths in custody or in child care institutions and take remedial measures.[/vc_column_text][/vc_column][/vc_row]

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Delhi-NCR GRAP 3 imposed as pollution worsens ahead of Diwali

GRAP Stage III has been imposed across Delhi-NCR with immediate effect as Delhi’s average AQI reached 382, putting the air quality in the “Very Poor” category ahead of Diwali.

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The Commission for Air Quality Management (CAQM) has imposed Stage III of the Graded Response Action Plan (GRAP) across Delhi-NCR with immediate effect as air quality deteriorated ahead of Diwali.

The decision was taken as a precautionary measure after Delhi’s average Air Quality Index (AQI) reached 382 on Friday, placing the national capital in the “Very Poor” category. 

GRAP 3 comes into effect across NCR

The CAQM’s Sub-Committee on GRAP decided to invoke Stage III across the entire National Capital Region.

GRAP is an emergency response framework under which pollution-control measures become progressively stricter as air quality deteriorates. The four stages correspond to different levels of air pollution, with “Poor” covering AQI levels of 201-300, “Very Poor” 301-400, “Severe” 401-450 and “Severe Plus” above 450.

The Stage III decision comes less than two days before Diwali, when authorities are particularly concerned about a further deterioration in air quality.

Pollution levels remain a concern

Delhi’s average AQI of 382 indicates that pollution levels have remained high across the capital. The move to GRAP Stage III is intended to prevent further deterioration in air quality across Delhi-NCR.

The latest decision follows earlier pollution-control measures implemented under the revised GRAP framework as air quality worsened in the region. 

What GRAP means for Delhi-NCR

The GRAP framework provides for increasingly stringent measures as pollution levels rise. Stage III brings stricter restrictions than the earlier stages, particularly in areas linked to dust and emissions.

The latest CAQM decision applies across Delhi-NCR with immediate effect. Details of the measures to be enforced under the newly invoked Stage III should be followed through official directions issued by the authorities.

The development comes amid heightened concern over air pollution in the national capital region ahead of Diwali.

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Why no govt official has been named in Mahadev betting app case?

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By Neeraj Mishra

A Rs 94,000-crore betting scam took place in the country and so far the only police official taking the heat is a measly ASI. The Chhattisgarh government, the CBI and the ED would all like us to believe that a betting racket backed by hawala operators spread right up to Dubai could be run on the shoulders of an Assistant Sub-Inspector of Durg district! And all this alleged money was made within three years of operations making it the most profitable venture ever.

The fact is that big names are hiding behind the curtains pulled tight together by the investigators themselves. There is an IG rank officer, two SPs, two IAS officers and several other state police officials who have been named by sources and perfunctorily questioned with no great enthusiasm by the investigating agencies. Their political masters are protecting them both from investigations and the media.    

This Wednesday a special CBI court in Raipur granted the CBI eight-day remand of alleged kingpin Saurabh Chandrakar, who was finally extradited by Oman after months of back and forth. The CBI for some strange reason then requested the court to take Chandrakar to Delhi to which the accused’s lawyer also did not object. Since the original crime scene is in Durg and most of the possible dubious characters are in Raipur, one would assume keeping him in Chhattisgarh would have been appropriate.

But perhaps it’s a bigger ring and the CBI is also aware of the pitfalls ahead. Rs 94000 crore is a figure in the chargesheet but knowledgeable sources in the gambling racket in the state believe that  while Mahadev book was initially backed by people close to then Chief Minster Bhupesh Baghel, it was later taken over by the IPL gangs since the main source of income is the IPL season. It is estimated that more than Rs 25000 crore changed hands every season. The handlers or the Khai party easily makes almost half of it nice and clean.

Baghel’s son and some of his sidekicks have been questioned but not named in the chargesheets so far. On the day Chandrakar was being produced in Raipur court, his partner in crime Ravi Uppal was arrested in Dubai and may soon be extradited. But the way things are, no big names will come out.

It’s possible that Baghel may face the heat when the 2028 state assembly elections come around but it is also clear that the Mahadev operations have probably been taken over by some other gang backed by some powerful political bosses in India. So Chandrakar was allowed to get married in Dubai with Bollywood stars in attendance and not extradited for two years. Now that everything has been snatched from him and he is no longer an asset, he’s surrendered along with Uppal. Mahadev, believe this writer, will live on.

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Farooq, Omar Abdullah to meet upset NC MLAs amid party discontent

Farooq Abdullah and Omar Abdullah are set to meet National Conference MLAs who have raised concerns following the recent Cabinet expansion in Jammu and Kashmir.

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Omar Abdullah

Jammu and Kashmir National Conference (NC) president Farooq Abdullah and Chief Minister Omar Abdullah are set to meet a group of party legislators who have raised concerns following the recent expansion of the Union Territory’s Council of Ministers.

The meeting is scheduled in Srinagar on Friday as the party leadership attempts to address grievances raised by several NC MLAs. Reports indicate that the legislators had met separately ahead of their interaction with the Abdullahs to finalise the issues they wanted to raise. 

The developments come days after Omar Abdullah expanded his Cabinet, inducting four new ministers and dropping Independent MLA Satish Sharma from the Council of Ministers. The reshuffle has led to discontent among sections of the ruling National Conference, particularly among legislators who were not included in the new ministerial team. 

What the NC MLAs want

The legislators have raised concerns about the functioning of the party and government, including the need for greater authority for elected representatives, stronger party organisation at the grassroots level and better implementation of commitments made to voters.

Some members of the group have also demanded changes involving ministers and the Chief Minister’s advisor Nasir Aslam Wani. Earlier reports said the legislators had prepared a memorandum outlining their grievances and demands. 

The group has stressed that its concerns are aimed at strengthening the party rather than destabilising the government. One legislator described the focus as improving the party’s functioning at the grassroots level and ensuring that MLAs are empowered to address public grievances.

Cabinet expansion triggered tensions

The latest discontent followed Omar Abdullah’s Cabinet expansion, under which four new ministers were inducted. They include Ali Mohammad Sagar, Mir Saifullah, Shamima Firdous and Altaf Ahmad Kaloo. Independent MLA Satish Sharma was dropped from the Council of Ministers. 

The Cabinet changes had already prompted concerns among some senior legislators over ministerial representation and the functioning of the party organisation. The disagreement has since developed into a broader discussion about the role and empowerment of elected representatives.

The meeting with Farooq and Omar Abdullah is therefore significant as the party leadership seeks to engage directly with the legislators and address their concerns.

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