Prison Number 50: Saharsa Mandal Kara. Date: 22-04-15 I along with the Judicial Magistrate 1 st Class, Sri. Satish Kumar Jha, Jail Superintendent Mr. Anil Kumar Panday and Advocate Barun Kumar visited the Saharsa Mandal Kara on the 22-04-15. As per order by BSLSA letter number 54/BSLSA/NPA/F/33, Dated 18-04-15. Alert! Urgent Action: 5 inmates having chicken pox were kept together in a separate ward, but the ward is not in isolation. It is in the new ward section beside ward number 3. Other inmates are taking care of the infected inmates. However we find this interaction of pox infected inmates with other inmates alarming. Doctor has provided them with medication. But we are not satisfied. They need to be given special attention-shifted to hospital-or kept is special cell where no interaction with other inmates will take place. Inmates in prison in generally suffer from low immunity and malnutrition. The prison has no proper medical facility, thus if the pox spreads to other inmates then the condition will go out of control in a very short span of time. Thus for the safety of the infected inmates and the well being of the care givers, immediate action is required. Good Practice: CCTV camera outside the prison gate. Information about prisoners was there on the notice board Big posters about prisoners duty and prison crime were seen in front of superintendent office Good Practice: Prison Canteen Snacks, tea and some breakfast items are available in the canteen. The mode of payment in it is money. (A formalized coupon system is best practice, as liquid cash should not be allowed to circulate inside the prison) Credit plays a bigger part in this business. No payment to the staffs, they are paid in kind through being allowed to have snacks and tea in the canteen for free (Human Dignity is of utmost value. Payment of staff once the canteen system is formalized should be a viable option). For opening or for continuous running, no financial support was provided by the government Opens at 8 in the morning and closes at 5 in the evening Earlier it was the TB ward, now converted into canteen Running since last 8 months
Proprietor s name is Jogo Yadav- a convicted inmate under 302 IPC. 2 and half years in the prison We request the concerned authorities to for support this initiative. We see the canteen as an excellent endeavor which has been a symbol of hope for many inside the prison. Ward-1 29 inmates.7 connections of fans, only 3 was functional 1. Urgent Action: Prashant Kumar Juvenile, 17 years of age. But officially 19 was recorded 15 days in prison Only once court production Charged with 307 IPC 2. Urgent Action: Aashish Yadav Juvenile,17 years of age 12 days in prison No court production 307 IPC 3. Urgent Action: Ankit Singh One month in prison 2 time taken to the court Juvenile,16 years of age Charged with sec-413, 414, 34 IPC 4. Urgent Action: Golu Gupta Juvenile,15 years Sec-413, 414 IPC One month in jail 2 time taken to the court 5. Urgent Action: Md. Islam In prison since yesterday Charged with theft No 1 st court production, only signature was taken Intends to have a government lawyer 6. Urgent Action: Gajjo Mukhiya 2 months in prison 3-4 time taken to the court Charged with-302, 307 IPC
7. Urgent Action: Md. Ajimuddin In one case his death penalty was converted into life imprisonment He already spent 14 years in prison Brought yesterday from Supaul Prison to this prison Brought in a 1985 case and there is no record of details of the case. Case record is missing. No court production since he is brought from Supaul Ward-2 54 inmates. 3 fans 1. Urgent Action: Parmeshawari Yadav Mandal Ji 71 years of age. Physically infirm. 2 months in the prison Produced before the magistrate 2. Urgent Action: Vikram Paswan A juvenile,16 years of age Charge of road robbery 4 months in prison Only signature was taken in the name of court production 3. Urgent Action: Chiraanji Das and 8 others No court production Visible injury marks on the body due to the lathi charge against them by the police (Incidence of police torture. Alleged perpetrator-mishra Ji, Sadar police station, Saharsa). Don t know about the charge. Other inmates with him are- 1. Baudhi Das-65 years and physically infirm. The magistrate was informed about this fact 2. Gango Das 3. Pulen Das 4. Ram Lagan Das 5. Upendra Das-70 years of age 6. Mahendra Das 7. Shivo Das-65 years of age and visibly infirm 8. Shankar Das Urgent Action: 9. Anil Kumar Das- 19 years of age. He is outside the prison but falsely implicated. A state level sports champion
Got award from J & K government for excellence in sports Could not appear in competitive exams of Bihar Police because of this false accusation Case of victimization of lower caste meritorious and skilled person. 4. Urgent Action: Dhiraj Kumar Juvenile,13 years of age 4 months in prison No 1 st court production Charged with theft Not produced in the court 5. Manjay Ram Torture case Complaint about pain in chest and backbone Ward-3 19 inmates, 4 fans. Small toilet with slope roof with no running water Open Hodge causes bad smell in whole of the ward. Rotten garbage was seen outside the wards. Toilets are not cleaned properly by bleaching powder 1. Urgent Action: Laddu Singh Mentally ill 3 years in prison Produced in the court No mulakati Age is 30 years 2. Urgent Action: Dhruv Kamat 72 years of age but wrongly written 65 in records 1 year in prison Charged with 307 IPC Applied for a government lawyer to the magistrate, but the lawyer doesn t appear No mulakati 3. Urgent Action: Umesh Shah 70 years of age Charged with kidnapping 7 months in prison Has mulakati
Ward-4 4 fans and toilet with a small door which was lying detached. 1. Urgent Action: Md. Amzad Juvenile,17 years of age 4 months in prison In the name of 1 st court production only signature was taken Produced in the court 2. Urgent Action: Md. Khurshid Juvenile,17 years of age 40 days in the prison Charged with kidnapping No 1 st court production, only signature was taken Taken to the court after 14 days but still no physical production 3. Urgent Action: Md. Sahabuddin Father and mother are also in the same prison In prison Since 11 feb but he desired for a government lawyer Charged with 304B IPC 4. Urgent Action: Dr. Fahim Ahmed Khan 70 years of age. Visibly infirm. 13 months in prison Charged with 420, 120B IPC in a property dispute matter Matter is in supreme court for bail 3 cases at a time- even if bail is granted in one case he is remanded in another case Wife in the age of 60 years recently got bail An instance of unnecessary detention (My personal opinion. Bail rejection seems ungrounded and mechanical remand granted) 5. Urgent Action: Md Ibadat 1 and half years in the prison No lawyer since last 8 months Charged with kidnapping Desired to have a government lawyer 6. Urgent Action: Md. Safruddin 5 months in prison He was not informed about any facility of legal aid by the authorities On 14 days he is produced through video conferencing Charged with murder
Ward-5 5 fans, 4 working. Dumped garbage outside the ward was found 1. Urgent Action: Guddu Ram 2 years in prison and was not informed about legal aid facility provided by the state Case in session court charged with 302 IPC 2. Urgent Action: Bharat Poddar In prison since March 2013 Convicted against charges of kidnapping Not satisfied with his existing lawyer, he desired for a government lawyer His is a fit case for application of sec-436 A CrPC Ward-6 All 5 fans are working 1. Urgent Action: Prasonjeet Varman No 1 st court production 3 days in prison Desired for a government lawyer 2. Urgent Action: Md. Shirajul Miyan No 1 st court production 3 days in prison Desired for a government lawyer (Both were kept inside the police van and only signature was taken in the name of court production. That is why they have the impression that they are brought directly from police station to the prison). 3. Chedi Pasi 13 days in prison No 1 st court production, only signature was taken Charged with the matter of assault, hurt 4. Bam Bholi Yadav- no court production
5. Urgent Action: Jay Mohan Kumar Yadav Since 2012 he is in the prison Charged with the kidnapping of a nepali citizen Hon ble H.C. passed an order on 14-08-2014 in his case- dispose this matter within 6 months. But till today matter remains in the session court and he has not been granted bail. Contempt of HC order is involved in this case now Separate Cell Ward-7 Inmates are kept here for hours and not for days as a punishment. The toilets are dysfunctional in this ward. 2 fans and none were seen running. Toilet with no running water 1. Urgent Action: Ram Vilash Paswan 5 months in prison 60 years of age Applied for a lawyer, but till date did not get one 2. Urgent Action: Videshi Paswan No court production He asked 4 times to the magistrate for a lawyer Twice he was provided a lawyer. But not on a single occasion he got effective legal representation and the lawyer never met him in court. 1 and half years in the prison Charged with 307 IPC 3. Urgent Action: Heera Yadav 3 months in prison Was not informed about facilities of legal aid Charged with theft of motorcycle. Sec-392 IPC 4. Urgent Action: Sunil Shah Was visibly under stress. Anxiety behavior was witnessed, need of special treatment Juvenile,17 years of age Haws no lawyer 8 months in jail Charged with theft 5. Urgent Action: Ganpat Hrishideo
On 1 st court production only his signature was taken 6 months in prison Charge with 302 IPC 6. Urgent Action: Baidhya Nath Jha 68 years of age. Visibly infirm. 3 months in the prison 7. Urgent Action: Shiv Prasad Hrishideo Court writes his age as 55 years but he looks like a 70 year old person Has lawyer 1 year in the prison 8. Urgent Action: Dinesh Prasad Yadav 65 years of age Asthma patient on medication. Takes some medicines from prison hospital and some from outside Charged with 307 and 379 IPC Bail rejected at district level Desired for a government lawyer in the HC( For this BSLSA must be consulted) Prison Kitchen- food for 102 inmates are prepared. Rest cooks their own food. One hand pump was found in running condition but the outside hand pump was damaged. Food was cooked on the gas. Ward-8 4 fans but only 1 was running 1. Urgent Action: Ritesh Kumar Singh 7 months in prison Matter of hurt assault Desired for a government lawyer 2. Urgent Action: Nageshwar Mushahar 70 years of age. Visibly infirm. Convicted for 20 years 8 years spent in the prison 3. Urgent Action: Saheb Mushahar
Same as above condition 4. Urgent Action: Ram Deo Yadav 66 years of age( does not know about his real age. He looks older than 70 years) 5 months in the prison Charged with 307 IPC and SC/ST( protection from atrocities) act 5. Urgent Action: Bauku Mushahar 75 years of age 8 years in prison No lawyer for the last 3 years 6. Urgent Action: Narayan Tanti Charged with 302 5 months in prison 7. Urgent Action: Janardan Das 9 days in prison Charged with 307 IPC Only signature was taken on 1 st court production Ward-9 22 inmates. 2 fans and only one were found running. Problem of ceiling leakage Ward-10 1. Urgent Action: Bipin Kumar Juvenile 17 years of age 2 months in prison Booked under arms act No 1 st court production Ward-11 38 inmates. 5 fans, all working 1. Urgent Action: Rabana Shabana Bauka Deaf and dumb 4 years in prison Charged under 302 IPC No mulakati Deserve to be represented legally by the state apparatus
2. Urgent Action: Lekharaj(UP resident) 2 and half months in prison No 1 st court production, only signature was taken 3. Urgent Action: Kamal Singh- same condition as above 4. Urgent Action: Pankaj Sada 9 months in prison Signs on date of court production Charged with 498(A) Ward-12 Pigeon nests were made by the inmates. There were above 20 pigeons in there. 5 fans 4 working 1. Urgent Action: Mohan Shah +6 Above age of 60 years 14 days in prison Property dispute Others are Ramesh Shah Dinesh Shah Suresh Shah Dilip Shah Arbind Shah Shibu Shah- told us that he is 50 years old but he seems older than 70. 2. Urgent Action: Arun Kumar Juvenile, 13 years Charged with theft of liquor 5 months in prison No 1 st court production 3. Urgent Action: Vineet Tiwari 18 years Charged with theft, he desired for a government lawyer No court production in front of the magistrate, he was kept inside the police van and his signature was taken
4. Urgent Action: Bhumi Sharma Has bullet injuries of 1 month back on right abdominal part 15 days in the prison On 1 st court production, only signature was taken 5. Urgent Action: Shukal Mandal 75 years More than a month in the prison Dispute of lands matter Does not know whether services of lawyer taken or not. Because all his family members are made accused, so they fear from coming to meet him or to have contact with him. 6. Urgent Action: Satto Rai All other family members are made accused, so they avoid getting in touch with him 60 years 45 days in prison No mulakati Son Dhruv Rai-22 years is also made accused. Needs legal aid lawyer 7. Urgent Action: Md. Subhaan Juvenile, 16 years. But 22 years is written in all government records. No court production Charge of theft 5 months in prison 8. Urgent Action: Jhunku Jha or Vishwajeet Jha 18 years Charge of kidnapping 5 months in prison No court production Could not appear in the 12 th examination 9. Urgent Action: Nipen Mandal 3 days in prison Does not know the charges No 1 st court production 10. Urgent Action: Santosh Sharma(deserving inmate for legal support) 8 months in prison Charge of kidnapping and rape Desired to have a government lawyer at HC through SLSA
11. Rupesh Thakur(deserving inmate for legal support) 8 months in prison Desired for government lawyer at HC through SLSA NEW WARDS Ward-3 1. Urgent Action: Kumod Subodh Kumar Charge of assault 7 days in prison Tortured by police in police station Sadar 2. Urgent Action: Brahmi Yadav or Brahamdeo Yadav 68 years(wrongly put in the Aadhar and other documents,his actual age is 78 years) Charge of 302 Matter is in the Supreme Court. Disabled (physically handicapped) 3. Urgent Action: Shiv Nath Yadav 73 years old. Co convict in above case. Other co convicts in Parsaha Kaand are Bishan Rajak-70 years Vidyanand Yadav-70 years Dharam Lal Yadav-70 years Ram Sada-58 years 4. Urgent Action: Hare Ram Paswan Above 70 years of age 1 and half months in prison Charged with 307 No court production 5. Urgent Action: Khelan Yadav Above 65 years. But he looks more than 70 years 1 day in prison Charged with 307 IPC 6. Urgent Action: Kuldeep Singh 75 years old 6 months in prison
7. Urgent Action: Shiv Chandra Yadav 4 years in prison Charges of extortion Magistrate did not inform about facilities of legal aid in the form of lawyer New Ward-1 7 fans, all running well. Not sufficient light in the ward. 1. Sudhir Mandal Convicted, matter is in the supreme court 14 months in prison 2. Deepnarayan Yadav 70 years of age 10 months in prison New Ward-2 1. Urgent Action: Chotu Shah or Azad Shah Charged with kidnapping 7 and half years in prison Fit case for the application of sec-436(a)crpc 2. Urgent Action: Golu Kumar Juvenile,13 years 1 month in prison Charged with a gang member of bike loot Could not appear in 8 th standard exam, wants to continue studies 3. Urgent Action: Ankit Singh Juvenile,12 years Same case Could not appear in 8 th standard exam, wants to continue studies 4. Urgent Action: Keshav Vatsa Juvenile, 17 years Wants to appear in 11 th standard exam
Naxal Ward Entire space was occupied by high profile inmate Aanand Mohan. There was library, baithaki, half a ward for a single inmate, separate kitchen. Hospital Ward 14 beds. No doctor in the prison. Doctor comes on demand. No equipment, no lab, no x-ray machine, no test was available, no ambulance, no separate TB ward, no separate ward for any contagious disease 1. Urgent Action: Dr. Gurudeo Rai 67 years Over 6 years in prison No lawyer Charged under 307 IPC Mentally ill 2. Urgent Action: Md. Rizwan Mentally ill No lawyer In prison since 2011 3. Urgent Action: Awaid Alam 70 years Mentally ill No lawyer 4 Urgent Action: Kailash Chowdhary Mentally ill No lawyer Charged with 420,467,468,120B More than 5 years in prison Fit case for application of sec-436a CrPC Women Ward 16 inmates, 2 fans. No door in the toilet. 5 kids including a newly born baby in the prison. 2. Urgent Action: Gunjan Devi No lawyer Convicted in case of kidnapping 2 and half year in prison
Husband left She has a little girl. The child was 12 days old when she had come to prison. The mother and the child need immediate relief. Will be eligible for 436A CrPC after a year 3. Urgent Action: Rukmani Devi Mentally ill. She was found talking to the walls. 70 years of age. Visibly infirm. 10 year conviction in dowry death case 2 year in prison 4. Navisha Khartoon 70 years of age 2 and half months in the prison As all other family members are in prison itself. So they take care of legal support to be given to her. 5. Rinki Devi Does not know her age Seems under age even for marriage(15-16 years of age) Bearing a child of 1 and half month. Charged with 302 IPC Physically disabled father in law arranges everything from outside, as the husband is the migrant laborer. Deserving inmate for government lawyer at HC through SLSA SOME OTHER OBSSERVATIONS Urgent Action: Immediate necessity of a separate van for women for the purpose of court production Urgent Action: Female guard to take them to the court is also necessary Urgent Action: Special cell for women in the prison hospital is needed and special place for check up. At the moment they go out of their ward, into the hospital where they wait till the doctor treats them. IGNOU exam centre is available here, there is need of classroom for interested inmates Urgent Action: There is need of separate women lock up in the court premises who goes there for court production. Basic facility must be attached with such construction. All windows of the wards are open. In rainy season and in winter season this creates many problems. All toilets outside the ward is dysfunctional. Tanks have been overflowing. The toilet tanks has to be cleared at the earliest. Most inmates cook their own food. Food in the prison kitchen is cooked for around 102 inmates. The quantity of sabji we witnessed was too small a portion of any individual. Quality of food is far from satisfactory. Recreational facilities required in the prison. Like music instrument and games facilities.
Legal aid clinic will start soon. District judge sends legal aid lawyer from outside. There has not been recruitment of PLV from among the inmates. The work is in progress. Major problems observed in the prison: 23. No court production. Even when the inmates are taken to the court on regular intervals, physical production does not take place. However, only paper production takes place. Reason for lapses during 1 st production and subsequent production during remand were explained, however no reason should be accepted for non compliance with the law. 24. Juveniles were present in the prison some in young offenders ward 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 physical production was not taking place. When in doubt ossification test must be ordered for my the magistrate during 1 st production and it is with the power of the Superintendent to ask for ossification test. 25. There was presence of aged inmates who were above the age of 70 yrs. Thus is a matter of grave concern. Since the prison does not have proper medical facility and to keep aged inmates who are physically infirm is against the principle of reform/correction of a prison now a correctional home. 26. Absolute necessity of legal aid services was noticed in the prison. We are glad to find out that the Legal Aid Clinic will start at the earliest (work is in progress).