HC calls for response from Police, Jail other authorities indicating the present status of petitioner

Insane person kept in Jail for 22 years: Very sorry state of affairs prevailing in the Magistracy, Police and Jail authorities observes HC

22/09/2022
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JAMMU, Sep 21: The High Court of JK&L at Jammu, comprising of Justice Sanjay Dhar has expressed anguish and tened it as a "very sorry state of affairs prevailing in the Magistracy, Police and Jail authorities".
This order was passed in a writ petition filed by one Jai Parkash through Irfan Khan Advocate versus UT of J&K and Others wherein the High Court observed.." The allegations made in the writ petition, if taken at their face value present a very sorry state of affairs prevailing in the Magistracy, Police and Jail authorities".
As per the petitioner one person (name not known) was found in possession of some arms and ammunition by the police of police station, GRP Jammu. FIR No. 30/2000 for offence under Section 3/25 Arms Act came to be registered with police station, GRP Jammu and investigation was set into motion. After investigation, the charge-sheet was laid before the Court of JMIC (City Judge) Jammu and it was clearly indicated in the charge-sheet that the person booked for the offence appears to be lunatic.
.."It appears that the learned Magistrate vide his order dated 03.01.2001 sent the accused to Judicial Lockup in default of furnishing the bail bonds and Superintendent, Central Jail, Jammu was directed to get the accused medically examined from CMO Jammu. Another order came to be passed by the learned Magistrate on 10.05.2001 in which it is noted that HOD Psychiatry, GMC Jammu has reported that the accused is suffering from chronic mental illness.
The learned Magistrate directed that the accused be admitted for his treatment to Psychiatric Hospital and Superintendent, District Jail was asked to do the needful. The file seems to have been consigned to records by the learned Magistrate without passing any further orders in the matter and without holding any inquiry in the matter."
"Learned counsel for the petitioner has submitted that the accused continues to be in judicial custody even today i.e. after lapse of about 22 years." the Order records.
Justcie Sanjay Dhar issued notice to the respondents which were accepted b Mr. Raman Sharma, AAG on behalf of the respondents.
"Having regard to the seriousness of the allegations made in the writ petition, which is prima-facie supported by the documents on record, the respondents on whose behalf Mr. Raman Sharma, learned AAG has accepted notice are directed to file their response. Respondent Nos. 3 & 4 shall file personal affidavits indicating the present status of the petitioner. Record relating to the case be called from the Court of JMIC (City Judge) Jammu..."

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