Annual Report - National Human Rights Commission

Complaints Before the Commission
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4.179 Since appropriate relief, after intervention by the Commission had been granted to the
four Pakistani Nationals, no further action by the Commission was considered necessary and the
case was closed on 25-4-2005.
33. Guidelines for Protection of Human Rights of Mentally ill under-trial prisoners/
released persons.
4.180 The Commission had in its Annual Report for the year 2003-2004, reported the case of
one under-trial prisoner Charanjeet Singh who had continued to remain in judicial custody since
1985, without facing trial on account of unsoundness of mind. In accordance with the provisions
of Chapter XXV of the Code of Criminal Procedure, his trial stood deferred till he was capable
of understanding the nature of charges against him to defend himself properly.
4.181 The Commission received an intimation dated 26-2-2002 from the office of DG (Prisons),
Delhi about prisoner Charanjit Singh S/o Tula Ram who was facing trial before the court of Shri
T.D. Keshav, ASJ, Tis Hazari Court in case FIR No. 854/85 under section 302 IPC, Police
Station Adarsh Nagar. The under-trial was ordered to be released by the Hon’ble Delhi High
court on 6-7-2000 on his furnishing a personal bond but was sent back to jail by the court on 29-
11-2000 as there was no one to stand surety for him. He had already undergone around 16 years
in jail and even if convicted, his case would require to be placed before the Government for
premature release. Deeply concerned about the need to protect the human rights of the undertrial
prisoner, the Commission, filed an intervention application before the Delhi High Court
under section 482 Cr.P.C. in a matter Criminal Writ Petition No. 729/2002 (Charanjit Singh vs.
State of NCT of Delhi and Another) already pending consideration before the High Court,
seeking the quashing of the trial in view of the inordinate delay in the case. The High Court
allowed the intervention application. Vide order dated 22-4-2003, the Hon’ble High Court directed
the Commission to find out a place where Shri Charanjit Singh could be kept. As a result of the
initiative by the Commission, offers were made by the VIMHANS for extending medical facilities
and treatment free of cost and by the Help Age India to take over the patient and accommodate
him in their half way home or old-age home after the VIMHANS certified that the condition of
the patient was stable. Accordingly, orders for shifting of the patient to VIMHANS were
pronounced by the High Court on 31-7-2003.
4.182 The Commission received communication from Helpage India indicating the problems
expressed by various old age homes in keeping Sh. Charanjit Singh. It was mentioned that in
view of his physical condition, the best alterantive would be to keep him under medical care. A
request was made before the Commission for making arrangements for Shri Charanjit Singh in
any medical institute. Meanwhile an application was filed on behalf of VIMHANS before the
High Court stating that the undertrial Shri Charanjit Singh had stabilised and as per the order
passed by the High Court he could be shifted to Helpage India / old age home. In response a
notice issued to the Helpage India, the Hon’ble High Court was informed that Sh. Charanjit
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