SRINAGAR: Taking strong notice of alleged harassment of Kashmiri detainees in Delhi’s Tihar Jail, the State Human Rights Commission (SHRC) has directed the director general of police (DGP) to seek a report from the jail authorities. The acting chairperson of the commission, HU Bhat, took suo-moto cognizance of a Greater Kashmir report ‘It’s a hell there.
Tihar return woman says Kashmiris dying in the Jail,’ published on Tuesday. In the report the acting chairperson of the Muslim Khawateen Markaz, Zamrooda Habib had revealed that Kashmiri detainees in Tihar jail were subjected to inhuman treatment and had urged the pro-freedom leaders to launch a campaign for facilitating their freedom from the ‘hell.’ “I have examined the legal spectrum of the reported excesses with the detainees as voided by Zamrooda Habib. This commission is empowered under law in terms of J and K Human Rights Protection Act (1997) to take cognizance with respect to the human rights violations,” Bhat observed.
Quoting rulings of the Apex Court, Bhat stated, “In our constitutional order it is axiomatic that the prison laws do not swallow up the fundamental rights of the legally un-free and as sentinels of the qui vive, courts will guard freedom behind bars, tempered off course by the environmental realism of intolerant torture by executive echelons.
Imprisonment does not spell farewell to fundamental rights although via reality reappraisal will refuse courts to recognize the full panoply enjoyed by a free citizen.” “The Supreme Court has therefore set out the law in educating the jail authorities with respect to the dignity and honor of those persons who are not free. The law of the land is that the dignity and honor of a detenue is not denuded merely because he is not free and is detained in jail,” he added.The commission directed the DGP to collect complete information from superintendent Tihar jail in the matter by May 1.-SANA