Jail authorities disclaim judges' report

By T. Ramavarman

THRISSUR, DEC. 31. The authorities in charge of the Prisons Department in the State have denied many of the findings of the inquiry conducted by the judges' team in Thrissur on the reports of the appalling situation prevailing in the Viyyur jail, but have `fully agreed' with the major observations of the team like shortage of space in the jail.

The inquiry was conduced by the District and Sessions Judge, Mr. Padmanabhan Nair, and the two judicial first class magistrates, Mr. Abdul Sattar and Mr. Cherian Kuriakkose, following reports of clashes in the jail last year, and their report was later submitted to the High Court.

The High Court then accepted the report as a suo moto OP and issued notices to the various authorities concerned including those in charge of the Jail Department.

In an affidavit filed before the High Court in response to the notice, the Additional Director General of Police (ADGP) (Prisons), Mr. R. P. C. Nair, has said, `The observation made in the report that an alarming situation existed on the jail premises due to drug addiction and homosexual activities is an exaggeration and hence denied.'

However, the affidavit said, various steps like tightening of

search of body and belongings of the prisoners at the gate have been taken to eradicate the drug menace. `To detect concealment of narcotic substances on the private parts of the body of prisoners, the services of the medical officers are being utilised. Daily searches are being carried out on the body, belongings, clothing and bedding items and prisoners' cells. Frequent checks are carried out in the blocks also.'

According to the DGP, the prisoners often resist such searches and `hence sometimes force has to be used. Prisoners make false allegations on this score as well.'

The affidavit said the ADGP (Prisons) had written a letter to the DGP way back on January 23, 1999 to direct the narcotic cell officials to keep close watch on the jails to prevent any drug smuggling. The Dy.SPs in charge of the Narcotics cell section can conduct surprise visits to the jail and use the help of sniffer dogs to detect the presence of any drugs on the jail premises, and to investigate the charges of the connivance of the jail staff in the drug abuse.

`On the basis of the report received from the Dy.SP, Narcotic Cell, Thrissur, one warden who was so suspected has been transferred,' the affidavit disclosed.

On the complaints of homosexual abuses in the jail the affidavit said, `Practically, homosexuality among prisoners cannot be eradicated completely as sex is natural instinct. It can only be controlled'. And some of the steps that have been taken in this direction include separation of adolescent prisoners from adult prisoners and the security staff have been directed to keep a close watch on the prisoners with such tendencies.

Also, counselling by project officers of the scheme called Intervention in Sexual Health Programme (ISHP) and by agencies like Prison Fellowship are being arranged to create an awareness among the prisoners about the adverse effects of homosexuality, the affidavit said.

The ADGP listed a series of cultural and social programmes which he claimed had been organised on the jail premises during the last two years with a view to reforming the prisoners. He also claimed that as suggested by the magistrate, Mr. Cherian Kuriakkose, yoga classes are being conducted in the jail every Monday and Friday for batches of 20 prisoners by Padookadu Shridhi Sai volunteers.

On the charges of the lack of proper medical facilities in the jail, the ADGP said there is a dispensary with a doctor, two nursing assistants and a pharmacist. He claimed that the doctor makes regular visits to the dispensary and examines the patients. Serious cases are referred to the district hospital and Medical College.

However, he conceded that the doctor there was appointed on contract basis and he was a retired person. `It is also true that his services are not adequate, he does not work full-time residing in the quarters allotted to him.'

The affidavit also asserted that the prisoners with sexually transmitted diseases are separately housed.

According to the affidavit the clashes in the jail were only isolated incidents and it blamed the media for exaggerating them.

On the findings of Mr. Kuriakkose that the jail was being used as a centre for hatching out criminal conspiracy, the affidavit said, `These are allegations not supported by facts and reliable sources of information. Action will be taken if concrete instances are noticed.'

On the charges of the unholy alliance of jail officers and criminals, the affidavit said, `It is humbly submitted that the report in this regard is rather an exaggerated version, and not fully correct. Among the prison staff also there may be a few bad elements. Strict disciplinary action has been initiated in all reported cases of illegal connections of the staff with the prisoners.' The affidavit also lists some seven instances of such disciplinary actions.

The ADGP also denied reports of the jail staff having indulged in sexual harassment of the visitors. `So far, no complaint has been received in this regard from any prisoners or their relatives'.

The affidavit however concurred with the view of the judges about the shortage of accommodation in the jail which was one of the basic causes for the problems there. This was preventing the possibility of achieving a scientific classification and separation of the prisoners accordingly.

Also, this shortage of amenities and overcrowding of the jails were the basic factors which engendered hostilities among the prisoners.

The affidavit disclosed that proposals have already been submitted to the Government for the renovation of the `A' and `F' blocks in the jail at an estimated cost of Rs. 70 lakhs. Another proposal for the construction of a segregation block under the modernisation scheme is also pending with the Government, it said.

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