HUMAN RIGHTS VfOLATIQNS: JAIL CUSTODY
Harassment of the prlsoner, Shri Harbhajan Singh by Superintendent, Blkaner
Jail In granting Parole.
(Case No. 8572195-96MHRC)
In a complaint made to the Commission, one Shri Harbhajan Singh, a convict
undergoing life imprisonment in Central Jail, Blkaner levelled corruption charges against the
Superintendent of the Central Jail. When the complainant had requested the grant of parole
to make arrangements for medical treatment of his wife, it was alleged in the complaint that a
false and intentionally wrong report was made to the effect that the complainant had planned
to leave the country. According to cornpiainant, the Superintendent of the jail had misused a
letter which related to another prisoner with an identical name and who had already been
released from the jail on completion of his sentence. In a report submitted to the Commission,
Deputy Secretary(Home), Government of Rajasthan, admitted that there had been a mix-up
of the papers of the two prisoners. The Superintendent of the jail, while admitting the mistake,
called it a clerical error and informed that, after the miistake was noticed, he reported further to
the District Magistrate, recommending the granting of parole.
However, according to the complainant's son,the mixing up of the papers was deliberate
with a view to harassing the complainant, as it had a history to it. It was asserted that parole
was granted to the complainant only after his son met the District Magistrate and explained
the role played by the Jail Administration.
The Commission, not being satisfied with the report of the Government, directed its
investigation team to ascertain from the complainant whether a) he was really-satisfiedwith
the steps taken; and b) whether there were any surviving grievances. The Commission also
directed its investigation team to find out the genuineness of the claim of mixing-up of papers.
The findings of the investigationteam corroborated the complainant's version. The mixing-up
of the papers of the two prisoners seemed more than a mistake. The investigation team reported
that, on 28 August 1994, the day when the complainant was lodged in the Central Jail, Bikaner,
the Jail Superintendent had told the complainant's son to arrange for Rs. 20,0001- or else his
father would have a bad time inside the jail. A deal was struck for Rs. 14,000/-, out of which
Rs. 10,0001- was paid by the son through a warder. Later, after a few months, when the
complainant's mother expired, he was able to get 7 days emergency parole by paying
Rs. 3,0001- to the Superintendent as illegal gratification. He was also reminded to bring the
balance of Rs. 4,000/- when he returned from home. Since he could not pay this money, he
was subjected to all forms of harassmentltorture by the Jail Superintendent. Again, at the
time of his son's marriage (27 January 19951, the prisoner was granted 7 days emergency
parole and, while leaving the Jail, he was once again reminded of the remaining amount of