Samastipur Prison Visit On 5/5/ 2015

Transcription

1 Prison Number 51: Samastipur Prison Visit On 5/5/ 2015 ENTRY- 2:15 PM EXIT- 9:00 PM Visit by- S.D.J.M. Sri Aanand Kumar Singh-1, Superintendent Sri Manoj Kumar, Jailer Sri Birendra Kumar Roy, Doctor-Hemant Kumar Singh and DLSA Assistant Prabhat Ranjan & Ms. Smita Chakraburtty. General Observation: No notice board mentioning types and number of inmates One metal detector was found inside the prison gate All round beautification with flowers and wall paintings. Special temple and mosque were built inside the compound Lands were used for production of vegetables. All tanks were found well covered. 4 complaint boxes were found- to the DM, to CJM, to DLSA and to the SP Literacy classes are organized for the inmates. Many of the inmates learnt to write their name in the prison school organized by prison authorities. A pond inside the prison boundary was also found where religious functions are organized for and by inmates- a type of cultural gathering. Women are given training of beautician course, sewing machines by AASHA Seva Sansthan Problem of pests were found in almost all the wards. Need of pest control. Inmates complaint about no facilities in court hazat. They are taken there at 6:30 in the morning and taken back to prison at 1 PM. In between this time only once tea is served. No facility of fan or toilet. Women Compound A training ward was observed where women were being trained. They were taught there too. And toys and bicycles for the inmates kids were found. Crèche centre was also there. The kids get milk and banana as supplementary food. They were also given soap and oil for cleaning purposes.

2 10 toilets. Hand pumps and supply water are available. WOMEN WARD-1 Sufficient light in the ward. Toilet but with no running water 1. Vibha Devi-5 years in prison. 302IPC. Got Legal Aid Lawyer, Advocate Vikram Thakur only a week ago. 2. Mamta Devi- 1 year, 302 IPC, only 2 times went to the court. As there is no women ward in Rosara Jail, so no frequent visit to the court. Got Legal Aid Lawyer a week ago. 3. Ramkumari Devi- 8 months, 302IPC. Paper production during 1 st production and subsequent production. No physical production. Needs Legal Aid Lawyer. 4. Ghurni Devi, Rajo Devi, Munni Devi, Ram Devi, Ramdulari Devi- 10 days. (except Munni Devi who is in prison since 6 months) Theft charges under railways act, Paper production during 1 st production and subsequent production. No physical production. Needs Legal Aid Lawyer. NO Physical Production in court. Taken to court only signature is taken. 1. Usha Devi- 6 months, 302IPC, 2. Panma Devi- transferred from Rosara Court. 5 months, 304B. 3. Tetri Devi- 8 months, kidnapping 4. Pramila and Urmila Devi- 5 months, 302 IPC, family members are absconding so only relatives are mulaquati. Needs Legal Aid Lawyer. 5. Rajo Devi- 6 months. 302 IPC WARD-2 1. Rupa Devi- 7 years, kidnapping, convicted in Needs Legal Aid Lawyer at Patna HC for purposes of appeal. No Physical Production in court. Taken to court and only signature is taken. No interaction with the Magistrate. 2. Neeta Devi Charged with murder of her own 5 month old kid. Has another 2 year old kid Claims to be 20 years of age but looks younger 8 days in prison 3. Shukli Khartoon- 1 month, 304B

3 4. Suniti Devi- 15 days, 304B. above 70 years of age 5. Sarita Devi-1 month, 304B, applied for government lawyer on 4/5/15 6. Sunita Devi- 2 months, 302 IPC 7. Asha Devi- 2 months, 302 IPC 8. Pramila Devi- 1 month, 304B 9. Sajda Khartoon- 1 year, 304B 10. Durgi Devi-1 month, 304B 11. Pramila Devi and Meera Devi-1 week. 302 IPC 12. Sita Devi- 28 days, 302. Applied for government lawyer PRISON HOSPITAL Dr. Hemant Kumar Singh from the government hospital comes 2 times a week. He is also available for any emergency. X-Ray machine is installed and soon it is going to be functional. 2 dressers on rotational duty There is no lady doctor Screening test is done by asking the inmates and that information is conveyed to the doctor on his visit days. HOSPITAL WARD. 16 beds. No TB patient, no patient of any contagious disease. 1. Naresh Pandit Convicted for 2 years under 498A IPC In the prison since 18 months. Patna High Court for the purpose of appeal 2. Ajit Kumar Singh 3 months in prison and 1 month in the prison hospital Paper production during 1 st production and subsequent production. No physical production. Needs Legal Aid Lawyer.AAMAD WARD 22 INMATES 1. Md. Nazir Alam- 9 months in prison, 379 and 411 IPC, Paper production during 1 st production and subsequent production. No physical production. Needs Legal Aid Lawyer. No Physical production during Court Production

4 2. Parmeshwar Mahto- 70 years old, 4 days in prison, 401 and 414 IPC. Paper production during 1 st production. No physical production. Needs Legal Aid Lawyer. 3. Ram Shree, Raj Kumar Ram, and Raj Kishore Ram- 1 day In prison, 307 IPC. 4. Lalan Sahni- 3 days in prison, charged with rash driving and there by destructing railway property. No 1 st court production in Darbhanga Railway court. 5. Pankaj Thakur- 5 months, 302 IPC 6. Sandeep Kumar- 420 IPC, 1 and half months WARD-5 OLD AGE WARD 1. Ram Pravesh Mahto- 2 months and 20 days in prison. 302 IPC. Has a lawyer but never met him once. Desired to change his lawyer and to have a government lawyer 2. Anand Mahto 20 days in prison. 304 B IPC Has no lawyer 3. Aatma Ram 55 days in prison 304 B Does not know whether he has a lawyer or not Wife (Sarita Dev)i and son Mithilesh, (ward-18) are in the same case and inside this prison 4. Sanjay Kumar Shah- mentally challenged inmate, 302 IPC. 6-7 years in the prison 5. Jugal Sada- 25 days, 379 IPC. No court production 6. Ram Babu Rai- 6 months, 302 IPC. No court production WARD INMATES. Fans working properly 1. Phoolchand Ram Convicted for 20 years in 302 IPC In prison since 3 and half years Desired to appeal against the conviction in Patna high court Desired to have a lawyer at Patna high court 2. Satrughan Sahni

5 9 months in prison Got a lawyer before our visit 3. Ravindra Sinha 2 year and 4 months in prison Lawyer never meets him No Physical production during Court Production 4. Namina Ram-302 IPC. 6 months. Has a lawyer named Ravindra Kumar Sinha, who does not meet him. 5. Ranjeet Kumar Rai- 3 and half months, 376 IPC 6. Ram Shevak Yadav-1 and half months. 379 IPC has a lawyer but has never seen his lawyer 7. Ajay Sharma-15 days, 376 IPC 8. Sanjay Das- 4 months, 302 IPC 9. Manoj Shah- 4 days, Ranjeet Kumar Paswan- 1 month. 392 IPC 11. Toofani Rai-7 months. 395 IPC. He complained that he is never allowed to meet his lawyer in the court Hazat WARD-12 Roza ward 1. Md. Aaftab 2 Years in prison Has no lawyer 2. Md. Rafique Ansari 70 years old 14 days 376 IPC Has no lawyer 3. Md. Nizamuddin and Md. Salauddin 18 months Witness examination completed 4 months back but because of non appearance of doctor, his trial is still going on His matter is in Fast track court ADJ-5 in Sri Manoj Shankar s court 4. Nand Kumar Thakur

6 26 days in prison 5. Md. Ehsaan 1 year 307 IPC No Physical production during Court Production 6. MD. Manjar Pappu 1 month 307 IPC 7. Md. Haider 10 months 18 Years of age 8. Ranjeet Kumar Sharma- 26 days, 302 IPC 9. Chandeshwar Das, Dinesh Das, Mithilesh Devi and Uma Das- 6 months. 304B 10. Sandeep Kumar Roy- 5 months. Dowry act 11. Md. Miraz and 5 case partners. 3 were granted bail. Others are Ludki Chowdhary(ward- 20) and Mitthu Shah(ward-22) 5 months Arms act 12. Md. Sayuum- 5 months, 302 IPC WARD Rajesh Kumar Chowdhary 17 years old Application by jail superintendent for his juvenility test 6 months 379 IPC 2. Roshan Kumar and Ram Kumar 20 years but appeared 15yrs juvenile. 379 IPC 2 Months In Prison

7 3. Rajeev Kumar Roy- Mentally Ill. In prison for days. Has no lawyer, no mulaquati 4. Pankaj Kumar-7 months in prison, 379 IPC, has a government lawyer but is not sure about the lawyer since his lawyer does not meet him in court or in the Prison. 5. Shiv Ram Sahni- 33 days, 307 IPC. Needs Legal Aid Lawyer. Ward Navneet Singh 1 year in prison. 302 IPC No charge has been framed yet Matter is in CJM court 2. Amarjeet Kumar Ram 33 months 6 months back all the witness has been examined Matter is in ADJ-3 3. Upamanyu Mishra 20 days. Needs Legal Aid Lawyer. Case of fighting 4. Channu Rai 30 months NDPS All witness were examined 15 months back His matter is pending because of non appearance of the I.O. Pradeep Kumar Singh of PS Dalsingh Sarai 5. Prem Prakash Chowdhary- 1 month, 304 B 6. Sanjay Rai- 21 days. 379 IPC 7. Surendra Shah- 10 days, 354 IPC. No 1 st court production 8. Sonu Kumar-35 days. 392 IPC 9. Avdhesh Mahto- 6 months, Chandan Kumar Bharti- 2 and a half months. 376 IPC

8 Ward-18. Kishore ward. 1. Gaurav Kumar- 18 years of age Borderline case of juvenility No medical board was constituted Constitution of medical board is recommended in his case. 379 IPC 2. Raj Kumar 4 months 392 IPC 17 years of age Magistrate did not ask his age as no court production took place 3. Mithilesh Kumar 25 days 17 years of age Constitution of medical board is recommended in his case 304 B His matter is in CJM court 4. Md. Gulab 14 years months in prison Jail superintendent has referred his name for the medical test WARD Shiv Kumar Sahni 15 days imprisonment for not paying rupees 700 fine imposed by railway magistrate Source of below mentioned informations on penalties and punishment under the railways act. Sec-137. Fraudulently travelling or attempting to travel without proper pass or ticket Fraudulently travelling or attempting to travel without proper pass or ticket.- (1) If any person, with intent to defraud a railway administration,-- (a) Enters or remains in any carriage on a railway or travels in a train in contravention of section 55, or (b) uses or attempts to use a single pass or a single ticket which has already been used on a previous journey, or in the case of a return ticket, a half thereof which has already been so

9 used, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of five hundred rupees. (2) The person referred to in sub-section (1) shall also be liable to pay the excess charge mentioned in sub-section (3) in addition to the ordinary single fare for the distance which he has travelled, or where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the train originally started, or if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were so examined or, in case of their having been examined more than once, were last examined. Sec-143.Penalty for unauthorized carrying on of business of procuring and supplying of railway tickets Penalty for unauthorized carrying on of business of procuring and supplying of railway tickets.- (1) If any person, not being a railway servant or an agent authorized in this behalf,-- (a) carries on the business of procuring and supplying tickets for travel on a railway or for reserved accommodation for journey in a train; or (b) purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees. (2) Whoever abets any offence punishable under this section shall, whether or not such offence is committed, be punishable with the same punishment as is provided for the offence. 2. Ranjan Thakur 7 months 379 IPC Bail granted 2 months back with the condition that only blood relation can be the bailer He did not have parents, only has a widow sister. So could not find a bailer 3. Shiv Charan Das

10 17 months 304B All witness has been examined 4 months back The I.O. Ashok Shah of PS Pusa has not appeared since 6 months, that is why his trial is still going on 4. Rahul Kumar Singh 2 years 3 cases of 379IPC 5. Gopal Kumar Roy 11 months 392 IPC 6. Lal Vijay Chowdhary-2 months, Rajesh Yadav-7 months, Jeetendra Kumar- 3 months, Raja Babu Shah-18 days, Arun Shah- 10 days, Dhanik Lal Shah- 1 month, 307 and teasing charges 12. Santosh Paswan- 4 days, 302 WARD Md. Pyare 4 months 379 Bail granted 22 days back with the condition that bailer must be a blood relation As he has done the inter caste marriage his parents are against it, so he could not find a bailer. 2. Amarjeet Mahto 3 years and 8 months 328 IPC 3. Md. Zahid

11 6 months 376 IPC Does not know whether his case has been charge sheeted or not 4. Pankaj Shah 2 months 379 and 500 IPC 5. Santosh Sahni-9 days, Md. Naushad- 1 month, Avdhesh Kumar-4 months, Yashvant Kumar-1 and half months, 376 WARD SHIV Sagar Rai- 3 months, 364 IPC 2. Laddu Singh-3 months, 307 IPC 3. Rakesh Kumar Giri- 3 months, 304 B 4. Ranjan Mishra- 15 days, Ram Kumar Yadav- 1 month, 353 WARD Rupesh Giri 3 years Convicted under 302 IPC 1 and half months back Desired to appeal against this conviction in Patna High Court 2. Rajendra Mahto months in prison 3. Harinder Sahni and Ram Ji Sahni 6 months in prison Since last 2 months, does not have a lawyer

12 Unaware about the status of his case. Later on told by prison authorities that in his case charge sheet has been filed and examination of the witness is going on 4. Akhilesh Kumar 9 months in prison 379 (theft of bicycle) Granted bail 3 months back in the CJM court with the condition that any bailer will work Still in prison as no bailer 5. Amit Kumar 5 months Arms act Till February, no court production 6. Pankaj Singh Claims 17 years old (Juvenile) His age was written 19 when he was produced in front of the magistrate. Because of police pressure he did not contradicted it 6 months in prison 363, 366 IPC 7. Md. Raj 15 years old(juvenile) 6 and half months in prison 379 IPC 8. Umesh Ram 23 days 9. Shankar Paswan and 3 co accused 3 months in prison Does not know name of his lawyer Alert! 10. Mahesh Trivedi 23 months

13 376 IPC Applied for government lawyer and got one, named- Kiran Sinha. He alleges that the government lawyer demands money for his bail and for getting him out from the prison WARD Chandeshwar Das 2 Years in prison All other co accused are granted bail All the witness are examined 1 month back as well as the I.O. statement is complete Since last 3-4 dates the ADJ-4 court is vacant. 2. Jagdish Rai 70 years old and visibly infirm In prison for 5 months 304B Son Arbind Rai is also jailed 3. Vishnu Deo Sahni 82 years old 304 IPC 1 month in prison 4. Ravi Singh A Nepali citizen 15 months in prison 379,411, 328 Has a lawyer and got bail in one case. While he is still in jail, since he is implicated in other cases also. 5. Mohan Kumar Age years (Juvenile) 18 was written in the government records under the police pressure 420 IPC NO COURT PRODUCTION 6. Gopal Kumar- 302, 1 month in prison 7. Akhilesh Shah- 1 and half months, 395 IPC 8. Amit Kumar Poddar- 20 days, 304B 9. Sudhir Sahni- 2 months, 379

14 Ward Rohit Chowdhary 9 months 379 IPC 2. Rajesh Raj 1 month 302IPC Other 2 co accused had lawyers. 3. Mohan Kumar 3 and half months 379 IPC 4. Dayanand Kumar 25 days Ram Umed Rai 2 years in prison Accused of 302 IPC Desired to go out for 3 days for marriage ceremony of his daughter. The jail Superintendent responded positively offering support and assuring leave. 6. Ashok Paswan- 4 months, accused for crime meeting 7. Vijay Kumar Raj-23 days, Arbind Rai-1 month, 302 IPC 9. Vishwajeet Kumar- 1 month, 392 IPC 10. Ratnesh Kumar-2 months, 307 IPC 11. Hari Shah- 68 years of age, 26 days in prison. Accused of 302 IPC WARD Dharmveer Paswan Total time in prison 3 years. In this prison 9 months In 4-5 district courts he is to be produced for different offences

15 Prison Superintendent informed that on the due date if guards are available, inmate is sent to the respective court. If guards are not available then Superintendent informs Judge and askes for another Production Date. Problem with availability of guard causes hindrance. 2. Rajesh Paswan 15 months 304B 3. Praduman Kumar 3 months 379 Had lawyer in CJM court 4. Shyam Bali San and Raj Kumar Paswan- 18 days, 379IPC 5. Bablu Srivastava-2 and half months, Ajit Singh-10 days, Shankar Mahto- 2 months, Upendra Mahto-1 and half months, 364 IPC 9. Ram Naresh Rai and Sonu Rai- 4 months, 302 IPC. Do not know whether they have a lawyer or not WARD Navin Kumar Mahto 2 years 376 IPC Does not know whether he has a lawyer or not 2. Amit Kumar Mikki 20 years conviction in one case. Granted bail in the other Spent 10 years in prison Had a tumor on the left side of the fore head. It developed during his stay in different prisons. Immediate medical attention is recommended for that tumor 3. Vidyanand Kumar 6 months

16 Convicted for 20 years Bail rejected in high court Desired to appeal against that order and to have a lawyer at the Supreme Court (NLSA) 4. Tez Narayan Mahto- 1 month, 302 IPC 5. Mukesh Rai- 1 month, Rakesh kumar-1 month, Aanand kumar-1 month, accused under arms act 8. Ronit Kumar and Shalu Kumar- 2 months, accused under arms act WARD Ram Bali Rai 75 years old 1 month 2. Aaditya Narayan Rai 22 days 304B 3. Arjun Thakur 70 years old 2 months Accused under 302IPC 4. Ganesh Singh 20 years conviction Spent 6 years and 3 months in prison Bail rejected in the high court Desired to appeal in the supreme court and to have a government lawyer over there 5. Rakesh Kumar Rao 2 accusations under 392IPC Bail granted in one case Could not afford to file bail in another case in the high court

17 6. Chandan Das- 1 month, 304B. Paper production during 1 st production and subsequent production. No physical production. WARD Shiv Kumar Paswan Accused under POCSO act 15 months in prison All witness were examined 9 months back His lawyer demands money for grant of the bail 2. Shiv Ram Thakur 11 months Patna High Court ordered for disposal of his case by January 2015, but the trial is still going on. 3. Kailash Jha Convicted for 20 years in 302 IPC Spent 18 months in prison Desired to appeal in the supreme court and to be represented over there at the Supreme Court (NLSA) 4. MD. Pappu-1 month, 354 IPC 5. Shyam Kumar Das-1 month 307 IPC 6. Sonu Kumar Yadav- 1 month, 392 IPC 7. Maksudan Rai- 1 month, 304 B 8. Om Prakash Singh- 3 months, 302 IPC WARD Badri Shah 7 months Arms Act. 2. Jay Kishan Sahni 8 months 379 IPC

18 . 3. Baidhnath Paswan 70 years old 3 months 4. Mukesh Paswan 7 months 304B. 5. Rajesh Yadav 3 years in prison 395 IPC HC ordered for disposal of his case. The time granted has passed, still his trial is going on His lawyer in High court is Surya Narayan Rai 6. Rajeev Kumar Claims to be of 17yrs (Juvenile) His age 19 years was written in government records 9 months in prison 7. Ram Prasad Rai Trial court convicted for 20 years Spent 10 years in prison Patna HC- sent the matter for re trial and that has to be done within 6 months. 4 months has passed, still the witness are being examined. A case to be watched whether trial completes in stipulated time or not 8. Mithilesh Paswan 21 months in prison Patna HC ordered to dispose of his trial within 6 months but the trial is still going on. Matter is in the court of ADJ-4. That 6 months ended in April and the examination of the witness is going on The statement of I.O. Shiv Kumar Paswan and the informant is not yet taken

19 9. Mohan Bhagat-20 days, 363 IPC 10. Vinod Rai and Suraj Kumar- 1 month, 366 IPC 11. Deepak Kumar- 5 months, 302 IPC Problems Identified in the prison: 27. No physical production in court during the period of remand and also during 1 st production. Superintendent informed us that there is irregular Video Conferencing facility. Reason for lapses during 1 st production was not explained. 28. 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.