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Supreme Court asks states, do you see prisoners as human beings?

The Supreme Court had asked states to furnish information on five aspects of the jails in the state after conducting a thorough visit

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Supreme Court asks states, do you see prisoners as human beings?
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Finding that the states were not serious about the pathetic conditions of prisons and observation homes, the Supreme Court on Thursday advised government officials to step out and visit the jails to get a firsthand account of the prevailing situation.

Despite passing orders a month ago directing states to furnish information on five aspects — video conferencing facilities in observation homes/juvenile boards, speedy examination of witnesses, release of undertrials on personal bonds, setting up of undertrial review committees to prevent overcrowding of prisons, and filling up vacancies in forensic sciences laboratories, the court found most states lacking in the information.

Furious over the delay by states at the cost of the prisoners who continue to suffer in jails, the bench headed by Justice Madan B Lokur said, "You (states) have converted the whole thing into a joke. Tell your people to get up from their offices and go and see the conditions in prisons. There is no whitewashing done for years, no sewage facility, water, leaking taps. The conditions are absolutely pathetic, but you do not seem to bother. Do you even see them as human beings?"

The bench, also comprising Justices S Abdul Nazeer and Deepak Gupta, was dealing with a PIL based on a letter written by two judges of the Supreme Court who visited the Faridabad Jail and an observation home and found the situation to be alarming. Their inspection of the jail and observation home prodded the Court to direct Centre and states to take urgent steps to set things in order.

But finding no seriousness on part of the state governments, the Court told Additional Solicitor General (ASG) Aman Lekhi to ensure that the officers visit the jails themselves before preparing a report of compliance. The bench is expected to hear the matter next on November 29.

During the hearing, the Court focussed on instances of favouritism with a recent report by a Delhi court judge finding out luxurious lifestyle of high-profile prisoners such as Unitech promoters Ajay Chandra and Sanjay Chandra at Tihar Jail. The judge in his report to the Delhi High Court listed out sofa, TV, an office setup, and other prohibited items supplied to them and demanded action against the jail authorities.

The apex bench wondered if a parallel system runs in our jails as some prisoners seem to enjoy special privileges. In the matter dealt by the Court, it was observed by the two visiting judges that even for petty crimes, the accused languish in jail for want of paying bail bond or surety. Witnesses are not examined the same day and cases get adjourned while shifting the juvenile accused from one court to another in respect of delinquents facing proceedings in different crimes. Another cause for delay in trial was due to availability of few forensic laboratories and large number of vacancies existing in them.

FOR REAL LIFE DATA

  • The Supreme Court had asked states to furnish information on five aspects of the jails in the state after conducting a thorough visit. 
     
  • The judges, however, were not happy with the reports submitted by the states as those lacked information. 
     
  • SC has asked ASG Aman Lekhi to ensure that officers visit the jails.
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