Ved Saroop vs State

This public interest writ petition owes its birth to a letter to have been addressed to Hon'ble the Chief Justice J&K High Court by Shri Ved

Saroop, Sharma President Bar Association Rajouri, dated: 1.6.1992, wherein it was avarred 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 rainly 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 op consists of two rooms, the situation becomes unbearable whenever a lady prisoner has to be kept in the lockup. The

court of C J.M. Rajouri bears diet expenses of these under trials. There is no mess arrangement in the lockup. 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

Dhabawalla to supply two the 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.

Vide order dated 17.12.1092, the District Judge Rajouri was directed to inspect the judicial lockup at Rajouri and take along the

Superintending Engineer of that District and submit a report within three weeks time about the conditions of that lockup, and also to see as to

whether the said lockup is unhygienic and whether any latrine is situated inside and also look to other conditions of the lockup. He was also

directed to associate the Chief Medical Officer of that District while inspecting the said lockup, so that he could see from another angle as to whet

her it exposes the under trials to any ailments or whether it is a health hazard.

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.

At the outset it is essential to mention that a comprehensive report has been made by the learned District Judge, Rajouri, wherein every assertion

raised in the petition has been replied. In brief, it was reported by the learned District Judge Rajouri that there are two rooms in which men and

women undertrials are kept. These two rooms are with internal size of 16 x 14 ft. having attached sanitary fitted bath rooms which can omit easily

the foul smell but there is no ventilators in the rooms. Each room is having an iron bargate which is open and fresh air coming from that. No doubt

the lockup rooms are not having any ventilator, but the light is sufficient and these are not darky. Superintending Engineer and Executive Engineer

Public Works Department were directed to install a ventilator in one room of the size of three feet by two feet towards the southern side of one

room. The room of men's judicial lockup has no space to create or install this ventilator. Both the rooms are separated by wall and wooden doors

attached to these walls which separate the latrines from the room. There is a modern set of (SIC) flash which are found generally inside the rooms.

No unhygienic conditions were found nor any latrine was found open inside the room. There is cross ventilation also from the main door and air.

As and when the toilet is opened, air can come easily there. Water is sufficient there. The Doctor stated that the under trials do not get adequate

nutritious diet for the fact that the contractor has to supply the meals two times a day just Rs. 5/for each of the under trial available in the lockup.

According to Doctor at least Rs. 16/ to Rs. 20/ per day should be provided as diet expenses for each of the undertrial so that they can be properly

fed in these days of exorbitant rates.

From the above report, it is clear that each and every assertion of the petitioner has been replied by the learned District Judge and these

allegations, therefore, stand rebutted.

However, inspite of the Administrative directions of the Hon'ble Chief Justice on representation of the lawyers at Rajouri that the Government

should provide and sanction the money not less than Rs. 16/ to Rs. 20/ per day for each of the' undertrials, the same has not been carried out by

respondent State so far.

The fact, therefore, remains that the undertrials in the jail at Rajouri suffer for want of proper diet and the Chief Medical Officer Rajouri, who

had visited, the judicial lockup alongwith the District Judge, has also shown his concern for want of proper diet to the undertrials.

Right to life, which includes right to live with human dignity, is enshired under Article 21 of the Constitution of India. It would include all those

aspects of life which would go to make a man's life meaningful, complete and worth living. As applied to a prisoner, it would include his right to the

bare necessaries of life such as adequate nutrition, clothing, shelter over the head, facilities for reading, writing, interviews, with members of his

family and friends, subject, of course, to prison regulations, if any.

In the case on hand it emanates and is established that the undertrials in the judicial lockup at Rajouri are not being provided with adequate

nutritious diet for the fact that only Rs.5/ have been alloted for their diet expenses for a day, which in these days of inflation and rising prices could

not suffice to provide a good meal to them by any Contractor, who have to supply meals to them twice a day. It is the duty of the respondentstate

to maintain the undertrials in lockup properly and provide them adequate nutritious diet, as it required for an ordinary human being in normal course

of life to live and for that matter the state is bound down under Article 22 of the constitution of India to maintain the under trials, kept in judicial

custody.

Hence this petition is disposed of at this stage with a direction to respondentstate through commissioner secretary to the Govt. of J&K Home

Department, that they should sanction and provide atleast Rs. 15/ a day as diet expanses for each of the uncritical who is kept in judicial lockup at

Rojouri, under Rules, and in case the Rules to that effect are to be amended that can be done at the earliest by the respondent state. The District

Judge Rojouri shall also ensure that the under trials are taken for a short walk once a day for 15 minutes in the court premises by the authorities

who watch and guard these under trials in the Judicial lockup.

The respondents are directed to make compliance report to the Hon'ble Chief Justice J&K High Court within a period of three months from

today.