IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
*****
I N D E X
IN
( DISTRICT :: Varanasi )
Jan
Mitra Nyas & Another …Petitioners.
Versus
State of U.P. & others. …Respondents.
|
Sl. No. |
Particular of Papers. |
Date |
Annex. No. |
Page No. Fm | To |
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1. |
List of relevant dates
and events. |
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Civil Misc. Urgency Application. |
|
|
|
|
2. |
Civil
Misc. Stay Application. (Under
Section 151 of the Civil Procedure). |
|
|
|
|
3. |
Civil Misc. (PIL) Writ
Petition. (Under Article 226 of the Constitution of India) |
|
|
|
|
4. |
Civil Misc. Exemption Application (Under Chapter XVIII
Rule 1 of High Court Rules, 1952). |
|
|
|
|
5. |
Photocopy of the order of
the Supreme Court in a Suo – Moto writ Petition (Civil
No. 1 of 2020) In Re : Contagion Of Covid-19 Virus In Prisons. |
|
(1) |
|
|
6. |
Affidavit
in support of the Writ Petition. |
|
|
|
|
7. |
Proof of Identification of the deponent. |
|
|
|
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8. |
Declaration |
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|
|
(K.K.ROY) (CHARLIE PRAKASH)
Advocates
Advocate Role: A/K 0040/12, A/C 1170/2017,
Counsels
for the Applicant/Petitioner
Lawyers
Chamber No. 122
New
Building, High Court, Allahabad
Dated: May, 2021
Mob.:9415985414
IN THE
HIGH COURT OF
JUDICATURE AT ALLAHABAD
*****
DATES AND EVENTS
IN
CIVIL MISC. WRIT PETITION (PIL) NO. OF
2021
(Under Article 226 of the
Constitution of India)
( DISTRICT ::
Varanasi )
Jan
Mitra Nyas & Another …Petitioners.
Versus
State of U.P. & others. …Respondents.
|
Dates |
Events |
|
|
The Second wave of corona virus has started with
double mutant which is more deadly and fatal |
|
|
In U.P., there are 72 prisons out of which 63
prisons are overcrowded. |
|
|
There is urgent need for rapid vaccination of the
prisoners in all jails of U.P. |
|
|
There is urgent need to ensure the availability of
remdisiver injection and oxygen cylinders of all the hospitals in the jails
of U.P. |
|
|
As
ordered in the first wave of covid of march 2020, it is required that the
prisoners with the maximum sentence of 7 years or less may be given temporary
bail or parole during the covid period. |
|
|
Not providing such facility is voilative article
14 and 21 of the Constitution including the provision of the Jail Manual and
W.H.O. guidelines. |
|
May, 2021 |
Hence the
present Public Interest Litigation. |
(K.K.ROY) (CHARLIE
PRAKSH)
Advocates
Advocate Role: A/K 0040/12, A/C 1170/2017,
Counsels for the
Applicant/Petitioner
Lawyers
Chamber No. 122
New
Building, High Court, Allahabad
Dated: May,
2021 Mob.:9415985414
IN THE
HIGH COURT OF
JUDICATURE AT ALLAHABAD
*****
CIVIL
MISC. STAY APPLCIATION No. of 2021
(Under
Chapter XXII Rule 1 of the High Court Rules)
On behalf of
:-
Jan Mitra Nyas Through its Co- convener
…Applicant/Petitioner.
IN
CIVIL MISC. WRIT PETITION (PIL) NO. OF
2021
(Under Article 226 of the
Constitution of India)
IN THE
HIGH COURT OF
JUDICATURE AT ALLAHABAD
*****
CIVIL MISC. WRIT PETITION (PIL) NO. OF 2021
(Under Article 226 of the
Constitution of India)
( DISTRICT ::
VARANASI )
1. Jan Mitra Nyas
Through its Co-
convener
Shruti Nagvanshi, W/o Lenin Raghuvanshi,
R/o S-A 4/2A, Daulatpur, Varanasi.
2. Shruti
Nagvanshi, W/o Lenin Raghuvanshi,
R/o S-A 4/2A, Daulatpur, Varanasi.
…Petitioners.
Versus
1. State
of U.P.
Through Principal Secretary (Home)
Lucknow
2. State of U.P.
Through Principal Secretary
Prison and Reform
Services
Lucknow
3. State of U.P.
Through Principal Secretary (Public Health)
Lucknow
4. Director
General of Police (Prison)
Uttar Pradesh
Lucknow
…Respondents.
To,
The Hon’ble the Chief Justice and
his other companion Judges of the aforesaid court.
The humble application on behalf of
above named, Applicant/ Petitioner, Most Respectfully Showeth as under:
1. That the full facts and circumstances of the case have been stated
in the accompanying (PIL) writ petition, which forms part of this application.
P R A Y E R
It is,
therefore, most respectfully prayed that this Hon'ble Court may graciously be
pleased to direct the Respondents No. 1,2 & 3 to ensure the vaccination
facility, remdisiver injection and oxygen cylinder in all the prison of state
of Uttar Pradesh.
And/or pass such other and further order which this
Hon'ble Court may deem fit and proper in the nature and circumstances of the
case.
(K.K.ROY) (CHARLIE
PRAKASH)
Advocates
Advocate Role: A/K 0040/12, A/C 1170/2017,
Counsels for the
Applicant/Petitioner
Lawyers
Chamber No. 122
New
Building, High Court, Allahabad
Dated: May, 2021
Mob.:9415985414
IN THE
HIGH COURT OF
JUDICATURE AT ALLAHABAD
*****
CIVIL MISC. WRIT PETITION (PIL) NO. OF 2021
(Under Article 226 of the
Constitution of India)
( DISTRICT ::
VARANASI )
1. Jan Mitra Nyas
Through its Co-
convener
Shruti Nagvanshi, W/o Lenin Raghuvanshi,
R/o
S-A 4/2A, Daulatpur, Varanasi.
2. Shruti
Nagvanshi, W/o Lenin Raghuvanshi,
R/o S-A 4/2A, Daulatpur, Varanasi.
…Petitioners.
Versus
1. State
of U.P.
Through Principal Secretary (Home)
Lucknow
2. State of U.P.
Through Principal Secretary
Prison and Reform
Services
Lucknow
3. State of U.P.
Through Principal Secretary (Public Health)
Lucknow
4. Director
General of Police (Prison)
Uttar Pradesh
Lucknow
…Respondents.
To,
The Hon’ble the Chief Justice and
his other companion Judges of the aforesaid court.
The humble application on behalf of
above named, Petitioner, Most Respectfully Showeth as under:
1.
That this is the first (PIL) Writ Petition being filed
on the present cause of action and no other Petition of any kind has been filed
by or on behalf of the Petitioner for the same or similar relief.
2. That
no copy of the caveat application has been
received by the Petitioner nor Petitioner has any knowledge regarding filing of
any caveat application on behalf of any of the Respondents.
3. That
the Petitioner has no ill-will of prejudice towards anyone and he is not
prejudiced in filing the present Public Interest Litigation.
4. That
the Petitioner is not filing this petition to benefit themselves or to harm any
person or institution.
5. That
the Petitioner is not filing this Public Interest Litigation at the behest of
some other persons to fulfill their other motives.
6. That
the Petitioner is not filing this Public Interest Litigation for any personal
interest or personal gain.
7. That
the expanses of the filing of the petitioner is collected through its
supporters and sympathizer.
8. That
the Petitioners has no rivalry with any of the Respondents and has no motive or
intention to harm anyone including the State.
9. That
the petitioner no. 1 is registered trust under the provision of Indian Trust
Act.
10. That
the main object of the petitioner no. 1 is to promote the basic Human Rights
including the Human Rights of the Prisoners down trodents, slum dwellers, urban
poors, women, tribal and children.
11. That
to achieve the purpose and aim of the organization, it organizes seminars,
symposium, study circle and conferences, visit the places where human rights
are violated, prepare the report and approach the authority giving justice to
the victims.
12. That
the petitioner no. 2 is co-convener of the petitioner no. 1 trust and she is a
active human right defender in the State of U.P. to uphold the rights of the
under privileged class.
13. That
by means of the writ petition ( P.I.L.) the petitioners are approaching the
Hon’ble High Court for suitable direction to the respondents to initiate the
process of Covid vaccination to the prisoners in the prisons of Uttar Pradesh
who are living in a most insecure environment in the second wave of the Covid –
19, which has started from march 2021
14. That
in Uttar Pradesh the jails exist in total nine zones.
15. That
there are total 72 jails in the State of Uttar Pradesh out of which 5 are
Central Jails, 62 District Jails, 3 Special Jails and 2 sub jails.
16. That
there is one model jail existing in Lucknow and one women prison in Lucknow
(Nari Bandi Niketan.
17. That
in Prayagraj Zone there are total 7 prisons including 1 Central Prison at
Naini, in Meerut Zone there are total 8 jails including one deputy prison at
Devband.
18. That
in Lucknow zone, there are total 8 jails including 1 modern prison and 1 Nari
Bandi Niketan at Lucknow.
19. That
in Ayodhya zone there are total 6 jails.
20. That
in Varanasi Zone there are total 7
prison.
21. That
in Kanpur zone there are total 9 jails.
22. That
out of the total 72 jails in Uttar Pradesh, 63 Jails are overcrowded in which
around 69 percent of the prisoners are under trails.
23. That
in the fast spreading nature of the corona virus and a very strict regulation
of staying inside the barracks, the chance of infecting the virus is maximum.
24. That
in last year, when first outbreak of Corona started in March 2020, the Hon’ble
Supreme Court and High Courts were please to interfere in the wake of covid-19
and passed several orders for release of the prisoners having seven years of
maximum conviction and treatment of the corona effected prisoners.
25. That
chapter XXIII of U.P. Jail Manual deals with hygiene and epidemics, which runs
from para 605 up to para 653. That the
relevant portion of the Jail Manual in this regard deals with the isolation of
infectious cases, report in case of outbreak, disinfection of barracks and
clothes, cases of infection among segregated prisoners, sanitary arrangement
for the camp and the other details.
26. That World health Organization on 15.03.2020, issued
a booklet for the prevention and control of Covid – 19 in prisons and other
place of detention, which contains 15 parts.
27. That the Supreme Court in a Suo – Moto writ Petition
(Civil No. 1 of 2020) In Re : Contagion Of Covid-19 Virus In Prisons, has also
dealt with the problem of the prisoners during the Covid-19 and given certain
directions in regard to the conditional release of the prisoners.
A photocopy of the order of the Supreme
Court in a Suo – Moto writ Petition (Civil No. 1 of 2020) In Re : Contagion Of
Covid-19 Virus In Prisons, is being filed herewith and marked
as Annexure No. 1 to this
Writ Petition
28. That the Judgment of the Supreme Court, it is
mention that according to the National Crime record Bureau, the occupancy rate
of Indian prison is at 117.6 % and in state such as Uttar Pradesh and Sikkim
the occupancy rate as high as 176.5 % and 157.3 % respectively.
29. That the Hon’ble Supreme Court suggested the d
congest the prison by releasing the prisoners on certain conditions.
30. That Honorable Karnataka High Court in its order
dated 26.03.2020 in WP6435 of 2020, C/W WP 6603 of 2020, has directed (para 13
of the order) the Court to pass an order in the light of Supreme Court order
regarding prisoners.
31. That in Kerela High Court, Honorable Chief Justice,
S Mani Kumar, CKA Raheem, CT Ravi JJJ on 23.03.2020 has directed that unless
very necessary, arrest should not be made in this period.
32. That Honorable Chief Justice TBN Radhakrishnan and
Justice A Banerjee of Calcutta High Court had passed an order on 24.03.2020 on
a suo-moto petition forming three member committee with Justice Dipankar Datta,
Chairman, SALSA in regard to release of prisoners.
33. That
in the introduction of the guidelines published and circulated by the W.H.O. ,
it is provided that experience shows that prisons, jails and similar settings
where people are gathered in close proximity may act as a source of infection,
implication and spread if diseases within and beyond prisons.
34. That
prison health is widely considered as public health.
35. That
in many countries, responsibility for health-care provision in prisons and
other places of detention lies with the Ministry of Justice/Internal Affairs.
Even if this responsibility is held by the Ministry of Health, coordination and
collaboration between health and justice sectors are paramount if the health of
people in prisons and other places of detention and wider community are to be
protected.
36. That
the Hon’ble Allahabad High Court in the suo-moto petition no. 564 of 2020, has
passed several order of great importance in the wake of covid-19 from March
2020 including the release of the prisoners, their treatment and other
facilities.
37. That
in the second wave of the covid – 19 is more dangerous and fatal and it has a
double mutant.
38. That
India records biggest spike in daily cases since the pandemic begins.
39. That
on 19.03.2021, the per day case of corona effected people was twenty thousand.
Where as on 07.04.2021, the per day case is 2 lacks.
40. That
in this back drop, it is most urgent need for the rapid vaccination of the
prisoners living in the prison of the Uttar Pradesh where the condition are not
hygienic.
41. That
it is also needed that the availability of the remdisiver injection is made
available in every prison to meet the emergency need.
42. That
it is also necessary that every prison must have required no. of oxygen
cylinders and regulators to be provided to every prison in Uttar Pradesh for
the crisis management.
43. That
the doctors in the jails hospitals should be also given a short term training
to acquire the expertise to treat the covid patients promptly and efficiently.
44. That
the vaccination is not provided properly the availability of remdisiver and
oxygen cylinders are absenting in the prison of Uttar Pradesh.
45. That
depraving the prisoners of the medical facility including vaccination,
remdisiver and oxygen cylinders is voilative of article 14 and 21 of
Constitution of India.
46. That
the matter is extremely urgent as life and death f the prisoners are hanging in
a very weak thread in the second wave of the pandemic.
47. That
the Petitioner has no any other efficacious alternative remedy except to
approach this Hon’ble Court under Article 226 of the Constitution of India.
48.
That the Petitioner is filing the instant
(PIL) writ petition inter-alia on the following amongst other grounds :-
G R O U N D S
1. BECAUSE,
depraving the prisoners of the medical facility
including vaccination, remdisiver and oxygen cylinders is voilative of article
14 and 21 of Constitution of India.
2. BECAUSE,
vaccination is not provided properly the
availability of remdisiver and oxygen cylinders are absenting in the prison of
Uttar Pradesh.
3. BECAUSE,
doctors in the jails hospitals should be also given
a short term training to acquire the expertise to treat the covid patients
promptly and efficiently.
4. BECAUSE,
it is also necessary that every prison must have
required no. of oxygen cylinders and regulators to be provided to every prison
in Uttar Pradesh for the crisis management.
5. BECAUSE,
it is also needed that the availability of the
remdisiver injection is made available in every prison to meet the emergency
need.
6. BECAUSE,
in this back drop, it is most urgent need for the
rapid vaccination of the prisoners living in the prison of the Uttar Pradesh
where the condition are not hygienic.
7. BECAUSE,
effected people was twenty thousand. Whereas on
07.04.2021, the per day case is 2 lacks.
8. BECAUSE,
69 prison out of 72 prisons of U.P.
P
R A Y E R S
It is, therefore, most respectfully prayed that this
i) issue
a writ, order or direction in the nature of MANDAMUS commanding/directing
the Respondents No. 1, 2 & 3 to constitute a high level committee to
monitor the spread of corona virus in prison of Uttar Pradesh and remedial
measures to be taken and submits its report before the Ho’nble Court on every
week on affidavit.
ii) issue
a writ, order or direction in the nature of MANDAMUS commanding/directing
the Respondents no. 1,2 & 3 to start to process of vaccination to all
prisoners in the jails of Uttar Pradesh above 18 years.
iii) issue
a writ, order or direction in the nature of MANDAMUS commanding/directing
the Respondents no. 1,2 & 3 to
ensure the adequate availability of remdisiver injection, oxygen cylinders with
regulator in all the jails of Uttar Pradesh and provide training to the
doctors, para medicals staff to use it.
iv) issue
a writ, order or direction in the nature of MANDAMUS commanding/directing
the Respondent No. 1 & 2 to release all the prisoners on short term
bails / parole whose maximums sentence
is 7 years or less.
v) issue
such other writ, order or directions as this
vi) to
award cost of the Petition to the Petitioner.
(K.K.ROY) (CHARLIE
PRAKASH)
Advocates
Advocate Role: A/K 0040/12, A/C 1170/2017
Counsels for the
Applicant/Petitioner
Lawyers
Chamber No. 122
New
Building, High Court, Allahabad
Dated: May, 2021
Mob.:9415985414
IN THE
HIGH COURT OF
JUDICATURE AT ALLAHABAD
*****
A F F I D A V I T
IN
CIVIL MISC. WRIT PETITION (PIL) NO. OF 2015
(Under Article 226 of the
Constitution of India)
( DISTRICT ::
Varanasi )
Jan
Mitra Nyas & Another …Petitioners.
Versus
State of U.P. & others. …Respondents.
Affidavit of Shruti
Nagvanshi, Aged about years, W/o- Shri Lenin Raghuvanshi, Resident of S-A 4/2A, Daulatpur, Varanasi.
Religion: Hindu, Occupation : Social Worker.
(Deponent)
I, the deponent above
named, do hereby solemnly affirm and state on oath as under :
1. That deponent is the co-convener
of Petitioner’s organization in the
aforesaid writ petition and as such she is fully acquainted with the facts of
the case deposed to below.
I, the deponent above
named, do hereby swear and declare that the contents of paragraph No. ....................................................................
of the accompanying Writ Petition are true
to my personal knowledge; those of paragraph Nos..................................................
of the accompanying Writ Petition are based
on the record of the case; those of paragraph Nos.......................................
of the accompanying Writ Petition are based
on the information received from
and those of paragraph Nos.................................................................................
of the accompanying Writ Petition are based
on legal advice, which all I believe to be true and correct, no part of it is
false and nothing material has been concealed in it.
So help me God.
---------------------------
(Deponent)
I, Charlie
Prakash, Advocate, Chamber No.
122, New Building, High Court, Allahabad, Enrollment No. A/c1170/2017 do hereby
declare that the person, making this affidavit and alleging herself to be
deponent is known to me from the papers produced by her before me in the
instant case and I am satisfied that she is the same person making this
affidavit.
---------------------------
(Advocate)
Solemnly affirmed before me
on this _____ day of May, 2021 at about _______ a.m./p.m. by the deponent who
has been identified by the aforesaid Advocate.
I have satisfied myself by
examining the deponent that she understands the contents of this Affidavit
fully well, which has been read over and explained to her.
---------------------------
(Oath Commissioner)
IN THE
HIGH COURT OF
JUDICATURE AT ALLAHABAD
*****
ANNEXURE NO. ( )
IN
CIVIL MISC. WRIT PETITION (PIL) NO. OF 2015
(Under Article 226 of the
Constitution of India)
( DISTRICT :: VARANASI
)
Jan
Mitra Nyas & Another …Petitioners.
Versus
State of U.P. & others. …Respondents.
************************
IN THE
HIGH COURT OF JUDICATURE AT ALLAHABAD
*****
CRIMINAL
MISC. EXEMPTION APPLICATION NO. OF 2021
(Under Chapter XXII
Rule 1 of the High Court Rules, 1952)
IN
CIVIL
MISC. WRIT PETITION (PIL) NO. OF
2021
(Under Article 226 of the Constitution of India)
( DISTRICT ::
Varanasi )
Jan
Mitra Nyas & Another …Petitioners.
Versus
State of U.P. & others. …Respondents.
The Hon’ble the Chief Justice and his other
companion judge of the aforesaid court.
The Humble application of the above named
applicant most respectfully showeth as under.That , full facts, reason and
circumstances and narrated in the accompying Bail Application which also from
part of this application. That due to lock down the applicant is unable to file
the photo affidavit, stamps and affidavit which may kindly condoned and
applicant shall full all necessary requirements immediately within the fifteen
days of lifting of lock down.
PRAYER
It is, therefore most respectfully prayed that this Hon’ble
Court may kindly condone the petitioner in filling photo affidavit, stamps
which shall be submitted within fifteen days of the lifting of the lock down
period and to pass such other and further order which this Hon’ble Court may
deem fit and proper under the facts and circumstances of the present case.
Dated:
(K.K.
ROY), (CHARLIE PRAKASH)
Advocate Roll: A/K 0040/12, A/C A/C-1170/2017
Advocates,
Counsels for the Applicant,
Lawyers Chamber No. 122,
New
Building, High Court, Allahabad,
Mob:
9415985414.
IN THE HIGH COURT OF JUDICATURE
AT ALLAHABAD
*****
DECLARATION
IN
CIVIL
MISC. WRIT PETITION (PIL) NO. OF
2021
(Under Article 226 of the Constitution of India)
( DISTRICT ::
Varanasi )
Jan
Mitra Nyas & Another …Petitioners.
Versus
State of U.P. & others. …Respondents.
I,
Shruti Nagvanshi, Aged about 44 years, W/o-
Shri Lenin Raghuvanshi, Resident of S-A
4/2A, Daulatpur, Varanasi. Religion: Hindu, Occupation : Social Worker and my
Adhar card No. is 897987075976 link with Mobile No.9935599330, Do hereby
declared I, the deponent above named, do
hereby swear and declare that the contents of paragraph No. ....................................................................
of the accompanying Writ Petition are true
to my personal knowledge; those of paragraph Nos..................................................
of the accompanying Writ Petition are based
on the record of the case; those of paragraph Nos.......................................
of the accompanying Writ Petition are based
on the information received from
and those of paragraph Nos.................................................................................
of the accompanying Writ Petition are based
on legal advice, which all I believe to be true and correct, no part of it is
false and nothing material has been concealed in it.
And further
it is hereby declared that all the aforesaid facts stated by me in the present writ
petition are as per the documents/records provided by the deponent.
And the
litigant is not in a position to swear the same (Affidavit) at
Allahabad/Lucknow due to ongoing lockdown due to pandemic Covid-19 and is also
undertake that whatever is stated in the present affidavit is as per oral
telephonic conversation instructions given to me by my client.
Shruti Nagvanshi
W/o- Shri Lenin Raghuvanshi, Resident of S-A 4/2A, Daulatpur, Varanasi.
Adhar card No. is
897987075976
Dated:
(K.K.
ROY), (CHARLIE PRAKASH)
Advocate Roll: A/K 0040/12, A/C A/C-1170/2017
Advocates,
Counsels for the Applicant,
Lawyers Chamber No. 122,
New
Building, High Court, Allahabad,
Mob:
9415985414.
Application
IN
CIVIL
MISC. WRIT PETITION (PIL) NO. OF
2021
(Under Article 226 of the Constitution of India)
( DISTRICT ::
Varanasi )
Jan
Mitra Nyas & Another …Petitioners.
Versus
State of U.P. & others. …Respondents.
The Hon’ble the Chief Justice and his other
companion judge of the aforesaid court.
That full facts and circumstances are narrated
in accompying the Affidavit of the Writ Petition (P.I.L.)
That the present P.I.L is filed for providing
vaccination, remidisiver injection and oxygen cylinder in all the 72 Prisons of
Uttar Pradesh.
That out of 72 prisons, 63 prisons are over
crowded and the conditions is very unhygienic with minimum medical facilities.
Prayers
It is therefore most
respectfully prayed that this Hon’ble Court may kindly treat this Writ Petition
(O.I.L.) as most urgent and direct it to be placed before the Hon'ble High
Court at the earliest.
(K.K.
ROY), (CHARLIE PRAKASH)
Advocate Roll: A/K 0040/12, A/C A/C-1170/2017
Advocates,
Counsels for the Applicant,
Lawyers Chamber No. 122,
New
Building, High Court, Allahabad,
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