Sitamarhi Mandal Kara Report.

Transcription

1 Prison Number 55: Sitamarhi Mandal Kara Report. Date: Entry Time- 14:30 Exit Time- 20:55 Prison Superintendent- Mr. Krishna Kumar Upadhaya Jailor-Mr. S.I.Khan, Prison Inspection: CJM, Sri. Ashok Kumar Gupta A.C.J.M, Sri. Raj Kumar Ravidas Judicial magistrate 1 st class, Mr. Sri Deepak Kumar DLSA assistant Mr. Rakesh Kumar & Ms. Smita Chakraburtty Alert! Torture done by the police WARD-8 Sujit Kumar- 22 months -395 IPC, Arms act - Desired to have a government lawyer at Patna High Court -The police have tortured him, he claims. He was arrested on His left leg ankle is fractured- dislocated calcation fracture. He walks with the help of the crutch. He was kept at PMCH from 23/7/13 to 18/10/13. After 45 days he was again called up there, but till today could not go. He has his treatment on his own. -Torture was done by Birendra Yadav, who was posted in police station- Sursand, Parihar. Inmate was arrested and taken to Sursand Police station. Beaten up in night and in day where Vikash Rai was the police station in charge.

2 Ward-6: Ajit kumar -Accused for extortion under IPC -He claimed that he was arrested on 26/4/15 in Runi Saidpur and was kept in Bathanha PS for 4 days. -Beaten by lathi. The marks were evident on right shoulder and on the left shoulder too. - Beating marks were seen on right thigh and above knee. -The marks were fading with the passing of the days and no record for the same was kept by the prison administration. -The inmate claimed that the operation S.P. Sanjeev Kumar Singh and the Sitamarhi S.P. Hari Prasad Yash were responsible for the torture. Women Ward: Pavun Devi 20 months in prison. Have a girl child of 2 years Complaint about torture by lady constable inside prison. She had a stomach ache and she was being asked to do routine cleaning of the ward unable to do which she was severely beaten and starved inorder to punish her. Injury marks were seen on her right feet, knees and elbows. Right hand index finger was injured. Pano Devi 75 years old, visibly infirm. She is diabetic, B.P. Patient, gas problem. Brought medicines from her home. Charge of dowry death. Needs Legal Aid Lawyer. 14 days in prison. Some Key Findings Legal Aid Clinic was inaugurated on by District and Session Judge. One PLV was also appointed There was no Young Offenders Ward in the prison. There was no Amad Ward either. Urinal and well constructed toilets were found in almost every ward. However, the construction was not at par with the recommended rules of prison.

3 Every ward had insufficient lighting barely one to two low powered bulb. Damage in the sewage pipe of Ward-3 causing an unbearable bad odour. Problem of pests prevalent. The wards are infected by bed bugs. Immediate pest control is recommended. There was no appointed doctor. A doctor was on contract who hardly visits jail. There is ambulance facility in the prison. In case of emergency Pranrakha i.e. relaxation in procedures is adopted. Prison inmates in consensus complaint against the Judge Sri. Prabhu Nath Singh. The letter of complaint has been attached herewith. 43 inmates were found above the age of 60yrs. List of those inmates and the nature of accusation against them has been attached herewith. WOMEN WARD 2 Abandoned buildings were found in the compound. And 4 abandoned solitary confinement cell inside the inner building. We were informed that soon they will be dismantled. Height of boundary was as per the prison manual. Other Observations: 4 lady constable in total. Shift wise duty. 2 home guard, 1 prison constable and 1 private security guard(since 1 year) Children are given milk, half a litre a day. Children look dirty as if they didn t get a daily bath. Their hair was not oiled neither were their hands and feet cleaned. This was the 1 st time we encountered such condition of children in prison. They are not provided with soap and oil from the prison authorities. There is no crèche for children. Thus women inmates go to the court with their children In the ward 3 fans and 2 were operating. 1 toilet with no running water. 1. Geeta Devi and Ravina Khartoon 3 months in prison Kidnapping charge 2. Urgent Action: Pavun Devi: Case of Torture inside prison 20 months in prison. Have a girl child of 2 years Complaint about torture by lady constable. She had a stomach ache and she was being asked to do routinous cleaning of the ward. Injury marks were seen on her right feet, knees and elbows. Right hand index finger was bandaged.

4 3. Urgent Action: Pano Devi 75 years old, visibly infirm Charge of dowry death 14 days in prison She is diabetic, B.P. Patient, gas problem. Brought medicines from her home. 4. Indrason Devi Does not know about having a lawyer 304 B 2 months. production. 5. Urgent Action: Juhi Khartoon 3 months Kidnapping charges 6. Usmuda Khartoon 4 and half months 302 IPC Paper production during 1 st production. production and subsequent production. No physical 7. Urgent Action: Roopsohana and Koraisha Khartoon 4 and half months 302 IPC 8. Urgent Action: Aglii Devi 75 years of age 6 months in prison All her other family members are inside Victim of caste violence

5 Urgent Action: Solitary Confinements Political prisoners are kept separately. Inmates complained about non availability of clean and safe drinking water. Though there is a hand pump the water from the hand pump is not colourless nor is it odourless causing is unsuitable for drinking.. No light inside the cell. No water in the toilets. 1. Urgent Action: Saroj Kumar Rai 3 months in prison Charges of 302, 307, Arms act, extortion etc N.B: He claims he is juvenile. And on 18 th May 2015, he will attain majority. He claims his admission register was brought by the court, but the same has been hidden by the police. He is kept inside the cell 24*7 on the order of the SP/DM. He has no lawyer. Though the Prison Super informed us of his track record in the crime I still insist he be provided legal aid lawyer as non shall remain unrepresented in the court of law. WARD-8 78 nmates. 12 fans. Toilet with no running water. 1. Urgent Action: Mithilesh Kumar (Juvenile) Claims, he is 16 years old 1 month Under arms act 2. Urgent Action: Hari Krishna Rai 5 months 379 IPC

6 3. Urgent Action: Lalan Manjhi 2 and half months 376 IPC 4. Govind Rai- 395 IPC, 2 and half months. Paper production during 1 st production and 5. Dinesh Sahni- 395 IPC, 6 months. Paper production during 1 st production and 6. Urgent Action: Vinod Sahni- 2 and half months. 307 IPC. Paper production during 1 st production and Needs Legal Aid Lawyer. 7. Talevar Paswan- 6 months, kidnapping charges. Paper production during 1 st production and 8. Urgent Action: Sujit Kumar- 22 months 395 IPC, Arms act Desired to have a government lawyer at Patna High Court (BSLSA) 9. Urgent Action: Santosh Kumar 2 cases outside and 3 cases was imposed inside the prison in the name of protection cases. He claimed that in the later cases, his name is not there in the FIR. Cases imposed were 17 CL and under UAPA. Desired to have a government lawyer at Patna High Court (BSLSA) 10. Santosh Kumar (Juvenile). 1 month in prison Claims 17 years old. Police has written 19 years old. The CJM did not ask him his age. Since no physical production infront of the magistrate. Charged in 392 IPC production. 11. Rahul Kumar (Juvenile) Claims he is 17 years old. 1 month in prison Family feud. 307 imposed

7 His 8 th certificate was cancelled, now his matric certificate is being demanded for age proof. production. 12. Dinesh Mahto-8 months, has a lawyer, charged with- 420, 376, 379 and 120. Wife (Indu Devi) has also been charged. No court production, only signs and returns back to the prison. In last 2 months did not meet with the judge once. ADJ-1 OR ADJ Anup Lal Mahto- 70 years of age, 3 months in prison, 302 IPC. Paper production during 1 st production and Ward-7 87 nmates 6 fans, 5 fans working. Toilet but with no running water 1. Urgent Action: Sonu Kumar- mentally ill. Paper production. No physical does not know about any charge, 1 year in prison 2. Urgent Action: Umashankar Mahto- 302 IPC, 2 month in prison. Paper production during 1 st production and Needs Legal Aid Lawyer. 3. Urgent Action: Shiyasharan Manjhi- 1 year in prison, 307 IPC. Paper production during 1 st production and Needs Legal Aid Lawyer. 4. Urgent Action: Pappu Das- 16 months in prison 392 IPC All witness are examined 3 months back. Only I.O. s Witness is left. And IO is not appearing since then. I.O. is Priyaranjan of police station SonWarsha. 5. Urgent Action: Shiv Ji Paswan 17 years old case. Case is of and half years in prison Arms act case All witness are examined but no judgement since a long time He applied for separate trial of his case in 2010, but the magistrate denied his application

8 6. Urgent Action: Nazim Ansari- 10 months, kidnapping charges. Paper production during 1 st production and Needs Legal Aid Lawyer. 7. Sadanand Jha- 3 months, 304B. Paper production during 1 st production and 8. Chandan Kumar and Vivek Yadav- 4 months 302 IPC. Paper production during 1 st production and 9. Urgent Action: Md. Jabir Ansari- 2 and half years, Kidnapping charges. Paper production during 1 st production and Needs Legal Aid Lawyer. 10. Urgent Action: Md. Chotenut- 4 months, kidnapping charges. Wife Ravina Khartoon is also named in this case. Paper production during 1 st production and subsequent production. No physical 11. Md. Mujim Ansari- 3 months, kidnapping. Paper production during 1 st production and 12. Rajkumar Paswan- 2 months, 302 IPC. Paper production during 1 st production and 13. Chandan Kumar- 1 month, 302IPC. Paper production during 1 st production and 14. Sanjay Kumar Mishra- 4 days, 307 IPC. Paper production during 1 st production and 15. Md. Jafir- 1 month, 307 IPC. Paper production during 1 st production and subsequent production. No physical production. 16. Md. Mutalim Ansari- 3 months, kidnapping. Paper production during 1 st production and 17. Sona Rai- 3 months, 307 IPC. Paper production during 1 st production and subsequent production. No physical production. WARD-5

9 73 inmates. 7 fans, 6 working. Well maintained toilet with no running water. 1. Narendra Singh- 35 days, 307 IPC. Paper production during 1 st production and 2. Md. Saddam Ansari- 54 days, kidnapping. Paper production during 1 st production and 3. Laxmi Chowdhary- 78 years old, 14 days in prison, 304B. Paper production during 1 st production and 4. Anil Shah- 15 months. He said that in video conferencing the magistrate only asks the name and get the signature. Paper production during 1 st production and 5. Rupesh Jha- 10 days, 307 IPC. Paper production during 1 st production and subsequent production. No physical production. 6. Harendra Sahni- 10 days, Arms act. Paper production during 1 st production and 7. Dinesh Rai and Ram Shinghashan Rai- 10 days, 307IPC. Paper production during 1 st production and 8. Bechan Shah, Musafir Shah, Bhola Pandit- 70 days, 302IPC. Paper production during 1 st production and 9. Vaidhnath Sahni- 21 days, 302IPC. Paper production during 1 st production and 10. Urgent Action: Dharmendra Kumar- 40 days, 366A, no court production. He wants to appear in the B.C.A. examination. 11. Sonu Mishra- 15 days, 385 and 387 IPC. Paper production during 1 st production and 12. Urgent Action: Rahul Kumar- mentally ill. 14 and half months, 307 IPC. Paper production during 1 st production and Needs Legal Aid Lawyer.

10 13. Urgent Action: Suraj Kumar- bail granted on 23/3/15. But he does not have parents. And his grandparents are old, so he could not find a bailer in Sitamarhi District. That is why he is still in the prison WARD-6 1. Urgent Action: Prabhu Mandal- 25 months, 379IPC. Paper production during 1 st production and Needs Legal Aid Lawyer. 2. Urgent Action: Sanjeev Singh- 1 and half years in prison. No lawyer since last 8 months. Charged with theft of agri. Product. Paper production during 1 st production and subsequent production. No physical 3. Urgent Action: Rama Thakur- 5 years Has no mulaquati. Needs Legal Aid Lawyer. 4. Sanjay Paswan- 1 month, kidnapping, has no lawyer. Paper production during 1 st production and 5. Urgent Action: Laxman Manjhi- 5 years, 302IPC. Needs Legal Aid Lawyer. Bail granted to the wife in the same case. 6. Urgent Action: Jogi Shah- 3 and half months, 304B, no court production. Other co accused got bail. Paper production during 1 st production and subsequent production. No physical 7. Ram Naresh Thakur- a Nepali citizen. NDPS case. Bail granted 1 year back, but the condition is that of a government bailer, he has not been provided with a government bailer. That is why he is still in prison. 8. Mukesh Kumar Singh- 40 days, 420 IPC, Has a lawyer. Paper production during 1 st production and 9. Urgent Action: Rakesh Rai- Theft charges since august 2014 in prison

11 Bail granted on 10/4/2015 but the condition was put that bailer should be of blood relation. That is why still in the prison 10. Subodh Kumar Chowdhary- 3 and half months, 302IPC. Paper production during 1 st production and 11. Manoj Shah- 8 days, 307 IPC. No 1 st court production, bail granted in other case of 395. Paper production during 1 st production. No physical production. 12. Vivek Kumar Shah- Juvenile years 20 years was put by the police 379IPC 24 days in prison Applied for government lawyer and got a government lawyer named Saroj Jha. 13. Vinay Kumar- Juvenile. Claims to be 17 years of age. 1 month in prison. Charged with theft of government grains. Has no lawyer. Co accused in this case is Chaltra Mahto of WARD Urgent Action: Md. Shamsher Ali- 20 months, 376IPC. Paper production during 1 st production and Needs Legal Aid Lawyer. WARD-4 83 Inmates 11 fans 1. Shashi Kumar- 13 years old. Under arms act, has a lawyer, no court production- only signs 2. Indrajeet Kumar- 17 years of age. 1 month Bintu Kumar Sharma. His case is of honor trial by village Mukhiya and others Charged with 376 IPC 2 months production. 4. Chandan Kumar Singh- 25 days, 392, Paper production during 1 st production and

12 5. Shambhu Prasad Chaurasiya-4 months, 354 IPC. Paper production during 1 st production and 6. Amrendra Kumar Verma- 1 month, 420 IPC. Paper production during 1 st production and 7. Ramesh Kumar- (Juvenile). Claims 17yrs. 379 IPC. In prison since 4 days. Paper production during 1 st production and 8. Shashi Shekhar Kumar- 10 days, no 1 st court production, charged under arms act 9. Urgent Action: Pradeep Rai 70 years of age 304 B 14 months in prison No mulaquati 10. Urgent Action: Sushil Shah 2 and half years His parents died Kidnapping charges 11. Urgent Action: Mukesh Kumar 29 months in prison Case is of 2 nd February 2013 The questioning of witness is completed 3 months back. The I.O. Mr. Kauthal Babu of Sonvarsha police station is not appearing since 5-6 dates. 12. Urgent Action: Satrughan Manjhi (Juvenile). Claims he is 17 years of age 2 years in prison 366 and 420 IPC. His brother is also charged with kidnapping 13. Urgent Action: Pappu Rai (Juvenile). Claims 17 years of age, relying on his certificate for this.

13 1 month Has a lawyer Paper production during 1 st production. 392 IPC and Arms Act production and subsequent production. No physical 14. Rajesh Mahto- 5days. 307 IPC. Paper production during 1 st production. No physical production. 15. Rampravesh Rai- 5 months, 307IPC. Paper production during 1 st production and subsequent production. No physical 16. Urgent Action: Jung Bahadur On 2 nd September 2014 Patna High Court ordered to end his trial within 6 months. Till today his trial is going on. May be a case of contempt of HC order. Criminal miscellaneous no /2014 WARD-3 1. Kundan Paswan- 100 days, 302 IPC. Paper production during 1 st production and subsequent production. No physical 2. Santosh Chodhary-3 months, arms act. Paper production during 1 st production and subsequent production. No physical He complained about judge Prabhu Nath Singh by saying that the judge does not follow the guidelines or directions of Supreme Court or the High Court. 3. Bharat Mukhihya-9 months, 379 IPC. Paper production during 1 st production and subsequent production. No physical 4. Dharmendra Bhandari- convicted for 7 years under 307 IPC, 65 continuous months in the prison. Fit case for 436 A 5. Vijay Kapad- Mentally ill, 29 months, 307IPC. No physical production. Needs Legal Aid Lawyer. 6. Ranjeet Sahni- Mentally ill, 4 years, 302(not clear). No physical production. Needs Legal Aid Lawyer. 7. Ram Kripal Rai- 2 months, 302IPC in property dispute. Paper production during 1 st production and Needs Legal Aid Lawyer. WARD-2: Urgent Action:

14 1. Juvenile: Kishore Mandal- declared juvenile 5 months back. Still in the prison. Case of illegal detention. Case of cyber crime and 420 B. 2. Juvenile: Vikky Kumar- 14 years of age. 2 and half months. No court production No board for the test of his juvenility was constituted. 3. Juvenile: Indel Ram- 3 years. No lawyer. 392 and 395 IPC. Juvenility declared 5 months back. He is also remanded in Shivhar court, but he is not produced in that court from here. 4. Bhikhari Manjhi- 9 months, has no lawyer Above 60 years of age. Paper production during 1 st production and Needs Legal Aid Lawyer. 5. Rajesh Kumar Singh- Mentally ill, 2 months. Negligent driving charge. Paper production during 1 st production and Needs Legal Aid Lawyer. 6. Md. Modin- 2 months in bail bond break, has no lawyer. Charged with- 341,323,324,307, 504 IPC. Dailey wage earner. Paper production during 1 st production and Needs Legal Aid Lawyer. 7. Mukhtar Alam-1 month in bail bond break, has no lawyer, 323,324, 325 IPC. SINCE 4 years he is patient of BP. Paper production during 1 st production and subsequent production. No physical 8. Md. Noor Mohammad- 11 months, kidnapping. Paper production during 1 st production and Needs Legal Aid Lawyer. 9. Md. Akhtar- 13 months, 302 IPC. Wife Usmuda Khartoon is also charged. Paper production during 1 st production and Needs Legal Aid Lawyer. 10. Md. Ashique- 16 years of age, 2 months in prison, does not know the charge. Paper production during 1 st production and Needs Legal Aid Lawyer. 11. Urgent Action: Ram Bhagat Das 9 months in prison. He needs his hydrocele to be operated.

15 Did not apply for the operation in the prison hospital. He also informed us that prisoners in Sitamarhi court are handcuffed while they are being taken to the court. WARD-1 1. Joginder Pandit- 1 month, 75 years of age, has no lawyer, 307 IPC. Paper production during 1 st production and Needs Legal Aid Lawyer. 2. Satto Sada- 1 years, 379, has no lawyer. Paper production during 1 st production and subsequent production. No physical 3. Batthu Sada- 25 days, has no lawyer, 307IPC. Paper production during 1 st production and subsequent production. No physical 4. Urgent Action: Umakant Singh 6 and half years in prison Surrendered in 20/11/2008 Non appearance of I.O. R.B. Yadav PS- Runi Saidpur since 2 years Case is in the court of ADJ-1 5. Urgent Action: Ramadhar Bhandari- convicted for 5 years and fine of rupees month in prison. Desired to go for appeal in Patna HC. Needs Legal Aid Lawyer in Patna High Court. 6. Ashutosh Kumar Mishra- 1 month, has no lawyer, does not know the charge. Paper production during 1 st production and Needs Legal Aid Lawyer. 7. Urgent Action. Neil Kumar- fever since 5 days. No medication yet. HOSPITAL WARD 17 beds, not enough light in the toilet. Doctor on contract. Dr. Shankar Das- visits jail 3 days a week. On his arrival medical screening is done. 2 dressers but no compounder.

16 KITCHEN No outside food is allowed. Neither preparation of food is permitted. Zero tolerance for tobacco and smoking in the prison. Problems Identified in the prison: 31. No physical production in court during the period of remand and also during 1 st production. Superintendent informed us that there is no Video Conferencing facility. Reason for lapses during 1 st production was not explained. 32. Juveniles were present in the prison some in adult ward. Possible reason for such a population of juveniles in the prison is no Juvenile home in the district. However, most had no lawyers and were not taken to court.