MD BULZAN ALI Vs. SUPDT DIST JAIL NAGAON

JUDGEMENT

(1.) On a complaint by a convict undergoing imprisonment in Nowgong Jail we appointed Mr. D.N. Konwar, an Advocate of this Court to enquire into the allegations made by the convict and to submit his report.

(2.) Learned Counsel has submitted his report and we have perused the same. We have heard him as well as Mr. P.K. Goswami, learned Advocate General, Assam: Mr. Konwar submits that there was no reason for complaint of the convict in so far as dealings and treatment meted out to him by the Jail Authorities during the past few years. However, earlier the convict might have been ill treated and he is nursing the grievances and brooding over the ill treatments. Mr. Konwar submits that the condition of Nowgong jail is up to standard, the quality of food provided to the prisoners is good but the quantity is not sufficient for a young person like the convict. Mr. Konwar states that the Jail Authorities are providing provisions in accordance with the letters and spirit of Jail Manual and the directions received by them from time to time. As such, we find that the condition of Nowgong Jail is up to a certain standard and the Jail Authorities are taking care of the prisoners locked up in jail.

(3.) However, we are not happy with the prevailing prison system in Assam. It must be understood by all that a Jail is not merely the prison house; it should be "a correction house". How long should we wait for the States and the Union Territories within the jurisdiction of this Court to realise their accountability to the people, to the Constitution and our future generation? The prison system in civilised world has been modernised and the prisons have been turned to institutions where constructive training moral, mental and vocational, is imparted to the prisoners. "The prison regime" of an incarcerated person should be utilised for upliftment of moral, mental and vocational faculties of the prisoners. In due course the prisoners are to be released and they must go back to the society. We must look to the interest of the Society. They should not be permitted to go back to the society turning from bad to worse. Hardened criminals are potential danger to our future generation. This truth of truth must be realised since every minute prisoners are rolling out from jails and if they continue to remain potential danger to the society it is bound to cause irreparable harm to our society, nay to our future generation. The danger must be averted and all loopholes must be plugged. History forgets nothing and forgives none. We are all accountable to the people. It is our common duty to serve the people as our common goal is welfare of the people. It is needless to emphasise the necessity of moral, mental and vocational upliftment of the prisoners while they spend their prison days. Agriculturist prisoners should be appropriately trained up to learn new modes and modem methods of agriculture. Similarly, mechanics etc. should be appropriately trained up in their disciplines. These trainings are necessary so that the prisoners may gainfully utilise their experiences on their return to the society. What is happening in jails has been written in dark letters by the Supreme Court in Sunil Batra v. Delhi Administration, AIR 1978 SC 1675. In Sunil Batra (supra) their Lordships have sketched the jail conditions thus : ".......... there is large network of criminals, officials and non-officials in the house of correction, drug racket, alcoholism, smuggling, violence, theft, unconstitutional punishment by way of solitary cellular life and transfers to other jails are not uncommon." So, this is the condition of our most modern jail, namely, the Tihar Jail of Delhi.