Decided on November 05,1993

Ved Swaroop Appellant
STATE Respondents


- (1.)THIS public interest writ petition owes its birth to a letter to have been addressed to Honâ„¢ble the Chief Justice J&K High Court by Shri Ved Saroop, Sharma President Bar Association Rajouri, dated: 1.6.1992, wherein it was averred that the Judicial lockup at Rajouri has only two small rooms to accommodate the prisoners. It is only when they are brought in the court to attend their hearing that they are taken out and get a chance to move about. There is no open space or compound in the lock up where the under trials may move about. The rooms have no ventilators or windows for light or fresh air and even in the broad light these rooms remain dark as sunlight cannot enter the rooms. During rainy season the rooms become damp. It is inhuman to keep a large number of prisoners confined in these small rooms during the course of their trial. Toilets have also been constructed in these very rooms due to which the inmates have to bear the foul smell constantly. There is no provision of bath room in this lock up. As the lock up consists of two rooms, the situation becomes unbearable whenever a lady prisoner has to be kept in the lock -up. The court of C.J.M. Rajouri bears diet expenses of these under trials. There is no mess arrangement in the lock -up. Local dhaba -walla is persuaded to supply two time means to the under trial for which Rs.5/ - are paid to him per day. Due to rising prices and inflation, it is impossible for any Dhaba -walla to supply two time means at this meagre rate. On the other hand, the prisoners in jail have mess facilities and Rs.10/ - per day is spent on each prisoner.
(2.)VIDE order dated 17.12.1992, the District Judge Rajouri was directed to inspect the judicial lock -up at Rajouri and take along the Superintending Engineer of that District and submit a report within three weeks time about the conditions of that lock -up, and also to see as to whether the said lock -up is un -hygienic and whether any latrine is situated inside and also look to other conditions of the lock -up. He was also directed to associate the Chief Medical Officer of that District while inspecting the said lock -up, so that he could see from another angle as to whether it exposes the under trials to any ailments or whether it is a health hazard.
(3.)AFTER notice, Mr. R.C. Gandhi, Addl. Advocate General, and other Government Advocates appeared for the State, but they did not file any counter.
Heard learned counsel for the parties and also bestowed my thoughtful consideration over the record on the file.

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