Kashmir Court Allows Relatives To Meet Prisoners Without Court Permission

A court in Kashmir called the exercise of seeking the court’s permission to allow prisoners to meet their relatives as “unnecessary burden upon overburdened courts”.

Keeping Covid-19 restrictions in mind, jail authorities are not allowing relatives of prisoners to meet them in jail and are asking them to seek the permission of the court for a visit.

Additional special judge, TADA, POTA, Srinagar Wednesday directed the director-general of prisons not to send relatives of prisoners to the court to seek permission to visit the prisoners in various jails.

The court said there is no need to seek directions from the court regarding such meetings if the Covid-19 Standard operating procedures (SOPs) issued by the government permits such meetings. The court said unnecessary applications are moved by the relatives of the detenues in the court seeking permission to visit the prisoners. 

“This is an unnecessary burden upon the court as the courts are already overburdened. It is, therefore, enjoined upon you that jail authority (s) be directed to allow relatives of detenues and under-trials to meet subject to the SOPs issued by the government time and again”, the court said.

 “Unnecessary applications by the relatives of the under trial, prisoners are moved in this court seeking permission to meet under-trial, prisoners as the jail authorities are not allowing them to meet with detenue, under-trials, due to the spread of Covid-19,” the court said.

“It is generally brought to the notice of the court the jail authorities are permitting the relatives to meet the detenues, under-trials if directions be given by the court and not otherwise,” the court observed. 

“There is no need to seek directions from the court regarding the meeting of their relatives with under-trial detenues if SOPs issued by the government and directions of the high powered committee permits the relatives to meet the respective detenue”, the court said.

 Lawyers say every day around three applications were moved by the relatives seeking directions to meet their relatives in the prisons.