September 2013
Start of my
JUDICIAL journey to combat the drug menace in Punjab. Hon’ble Punjab and Haryana
High Court orders me to ‘assist the court in a case regarding smuggling of drugs
into the prison houses of our beloved Punjab.
Reference CWP-2011 (O&M)
Tarlochan Singh vs.
State of Punjab and others
I, Shashi Kant, I.P.S. (retd.) have been informed by learned
counsel Mr. Navkiran Singh, Advocate, that this honourable court has directed
my to submit some points for consideration in the above said petition on the
following;
1- That drugs
and narcotics are being made available in jails;
2- Endeavour
towards de-addiction to be made by the jail authorities;
3- Medical
treatment to be made available to inmates of the jail;
4- Whether
there is any misuse of availing of medical treatment outside the jail.
I, Shashi Kant, a 1977 batch (RR), officer borne on the
strength of the Punjab cadre was posted as the Director General of Police, Prisons,
Punjab, by the Punjab Government some times in the month of September 2011 and I remained on this post till I
retired towards the end of June 1012. During my service, I had remained posted
in the state of Punjab, in various capacities and in various wings including
the field as also the head quarter postings, including that if deputy inspector
general, inspector general and additional director general of police,
intelligence, security and operations. I had also served in the government of
India for a long time and served in the intelligence agencies and ministry of
external affairs. I am a decorated officer who has been considered as a core
intelligence officer as well, besides being known as an ‘activist’ officer.
My submissions below are based on my experience in the field,
more notably as director general of police (prisons), as also as an
intelligence officer. During the former tenure, I realized that prisons were no less than the dens of drug addicts
besides the ticking time bomb of AIDS on account of rampant pervert sexual
practices there in. I also became aware of the rampant and blatant
corruption and serious drug menace prevailing in the jails and I started taking
steps to control the same as also to create an awareness on the subject both
within and outside in the civil society, which is equally plagued with the
menace. Besides trying to identify and transferring the black sheep amongst the
jail staff and taking action against them; we also took a number of measures to
influence the addicts in the prisons. These included, holding regular meetings
with them to create awareness, opening gyms and providing facilities for
games, holding the first ever,’ Prison
Olympics’..inter-jail sports meets, opening libraries, holding de-addiction
awareness drives, providing better education facilities including opening and
encouraging basic computer literacy, cultural fests, trying to improve on
whatever facilities in the prison houses. I started regular de-addiction
drives, the most important being at Kapurthala prison house. I also persuaded
the government to open de-addiction centers in all of the eight central prison
houses and got requisite funds allocated with great difficulty. I am not sure
of the present state of affairs with regard there to. I tried expanding the
‘open prison’ facility but that fell flat on account of the reluctance of the
government.
And all
this was further aggravated on account of rampant political interference.
Thus the submissions that I am making in the succeeding
paragraphs are true to my knowledge and belief.
Point wise reply is as follows;
1- Yes, drugs
and narcotics are almost freely available in jails. THEY ARE NOT LIKELY TO BE
ERADICATED EASILY TILL SUCH TIME THERE IS A THOROUGH CRACKDOWN ON THE DRUG
SMUGGLERS AND THEIR HENCH MEN / ACCOMPLICES / PROTECTORS, OUT IN THE CIVIL
SOCIETY AND THIS EVIL ERADICATED OR CONTROLLED. Availability of drugs in jails
is on account of the nexus and connivance of the jail staff, drug addict
prisoners, smugglers and even some politicians. In fact the drug trade is
flourishing in Punjab on account of the nexus between the smugglers, some
politicians and black sheep in the police force. I request this honourble and leaned court to take my submissions as
a PIL on the entire gamut of the smuggling of drugs in Punjab or I shall submit
a separate submission which may
kindly be treated as a P.I.L. since this
is a core issue in Punjab affecting the lives of more than 70 percent (percentages vary from report to report) odd
youth who are on the drugs and consequently on the verge of their deaths. The
state of affairs in Punjab is no less than that an ongoing genocide of the
youth by the drug smugglers and their henchmen / protectors, with the State and
Central governments and their agencies being a mute spectators there to.
A very large number of these youth generally take to
petty crime like chain and mobile phones snatching, petty thefts and in certain
cases, even more heinous of the crimes like robbery and murder etc. to have
access to money, which is then spent on drugs by them. Consequently more than
half of the under trials in Punjab jails are estimated to be hard core drug
addicts. And they need drugs, the cost and means, notwithstanding.
When I had taken over the charge of the Director
General of Police, Prisons, Punjab, approx. 50 – 55% of prison inmates were
estimated to be taking drugs in Punjab jails. Intact one prison inmate had told
me in confidence that in each of the bigger jail of Punjab, daily consumption
of heroin and smack etc. was about 1 kg. per day. Then Punjab had approx. 27-29
prison houses. Even if by the most ‘loose and relaxed’ estimates were applied,
even then one could safely assume the daily consumption of narcotics to be
about 10 kgs. a day, which, as per the prevailing international price would
have been about 50 crores rupees a day. The situation, out there in the open
society, is much worse. Shocking reports, on the issue have been appearing in
the national and international print and electronic media. Shocked by this
report, we had started encouraging sports, education and other cultural
activities in the jails besides adopting stringent measures to control
availability of drugs besides starting de-addiction measures. There were
reasons to believe that we had achieved commendable success. However a recent
report appearing in a prominent daily indicates that about 80% of prison
inmates in Faridkot prison are addicts. This is a all time high estimate which
indicates that the problem has become all the more serious. A photocopy of this
new report is enclosed.
Not only drugs are smuggled in to the jails with
impunity but latest smart phones are available on which some of the prisoners
keep on ‘updating’ their status.
Drugs go into the jails by the following ways;
a- Tossing
over the prison walls. Most of the jails in Punjab are old. Their vicinity now,
has a number of buildings and they are ideal locations for the tossing over the
walls. Tossed drugs are collected either by the addicts themselves during the
day since they are informed about the location there of through the mobile
phones which are, unfortunately, generally available with the inmates.
Alternately these drugs are collected by the jail staff, generally warders,
themselves and then ‘sold’. These
‘drugs’ normally are a mixture of psychotropic drugs and they are named
differently. They are called GOLI NUMBER 10 AND 20 or with signs of CHAND OR
SITARA etc. They are known by these names because of the code signs made or
engraved on these tablets. These tablets are illegally manufactured almost all
over the state and are almost a despicable ‘COTTAGE INDUSTRY’. They are also
available freely over the medical counters all over the state. Thousand of
unregistered chemists are alleged to be operating in each of the districts,
right under the nose of the district administration.
Some
new jails have since been constructed by the Punjab government and they are, as
on date, well outside the city limits. Kapurthala and the Faridkot jails are
the examples there of. But with the ever expanding population, even these jails
will also get surrounded by residential and other buildings. All prison houses
need to be shifted outside the cities, with higher periphery walls and a law
stipulating that there will be a ‘no construction zone’ of a reasonable length,
all around the prison periphery. It also needs to be ensured that the buildings
of the jail houses are of good quality. Some of the newly constructed prisons
houses in Punjab are of sub standard quality because of whatever reasons that
be. Security posts, barbed wire fencing and adequate lighting also need to be
provided in these corridors both inside and outside the outer periphery walls
of the prison houses, as also over the prison walls and watch towers.
b- Smuggling
of drugs inside the jails is done in the following ways;
I-
By the jail staff themselves directly or with their
connivance.
II-
Smuggled by the inmates returning from ‘peshi’. Though
all ingenuity is used but the more popular ways are hiding them in the soles of
the shoes and seams of the clothes they wear, hiding them in the hollow
metallic ‘karas’ / bangles / ear rings etc that they wear. The popular drugs
brought this way are smack and heroin.
III-
Hiding them in their ‘body cavities’. Condoms filled
with smack or heroin and hidden in the rear body cavity is one of the very
common way.
IV-
Hidden in foods and other items being brought by the
‘relatives’ and ‘friends’. Potatoes have a sealed back cavity, cabbage and
other veggies have either drug hidden or dipped in a solution of drugs. Milk
powder and the fresh milk sometimes have drugs mixed in them. Handles of the
carry bags are often hollow and drugs put in there.
V-
In short, it is difficult to enumerate all possible
ways here. All sorts of ingenuity are employed. It is imagination run wild.
VI-
Shockingly, the malpractice by some of the doctors
posted in the ‘prison hospitals’ is yet another open and rampant source of drug
supply to the jail inmates.
Some of the ways to combat it all
are;
i-
Strict vigilance during the ‘transportation’ of under
trials to and fro to the court houses and at the ‘bakshikhana’. It is when the under trials ‘change shoes and
clothes and acquire drugs which they hide all over. There is police connivance.
More emphasis thus needs to be paid towards the provisions of the ‘video conferencing’
or peshi within the fore walls of the prison houses. All routine stuff can be
done that way and only important cases need to be tried in the ‘court room’.
Proper vigilance needs to be ensured even in such cases during the
‘transportation’ and at ‘bakshi khana’. The security there is loose and
corruption rampant.
ii-
Jail staff needs to be rotated / transferred often as
a matter of rule. There should be refresher courses for them, better
accommodation, better service conditions and better salary and ‘welfare
measures’. It is so required because they are badly ignored and discriminated
against. The satisfaction level among them is woefully low. They are ‘readymade
material’ for any type of ‘wooing’. Just any one can purchase them at a throw
away price. Their morale needs to be uplifted and dignity in self, restored.
iii-
Multilayered security needs to be put in place. The
outer periphery needs to be patrolled by one type of force, may be Punjab
police itself, incase C.R.P.F. is not available. The watch towers, flood
lighting and inner patrolling needs to be the responsibility of the second type
of force, may be any wing of the Armed Battalions, in case outside force is not
available. The outer and the inner periphery need to have a corridor which
needs to be patrolled. Frisking of under trials returning from ‘peshi needs to
be done by a force from outside the state, like it is in Tihar Jail Delhi. They
have a three layered security system manned by different forces, which has
proved quite effective.
All
the prison houses need to have trained dog squads to sniff narcotics as also
explosives. X-ray baggage scanner, vapour sniffers and approved ‘body scanners
should be used besides through manual frisking and ‘squatting’ for a few
minutes as well.
All
items , including the food items and other eatables meant either for the
canteen or the prison kitchens, coming in the jail or even being taken outside
should pass through these tests.
IN
SHORT, FOR THE SECURITY PURPOSES, THE TIHAR JAIL IN DELHI CAN BE THE IDEAL ROLE
MODEL WITH SUITABLE UPGRADING THERE OF.
iv-
No outside stuff should be permitted. No food items or
clothing or any other thing at all. All prisoners need to be given a unique
identity number and smart cards which will have all information about them and
their cases and also have their picture, thumb impression etc, giving all
personal information issued to them. Their relatives can deposit the money with
the jail department and obtain the receipt there for. The money will be debited
to the account of the inmate and his smart card can also act like a debit card.
The inmate can purchase anything from the prison canteen with the help of this
debit cum smart card. These careens shall be run by inmates themselves on ‘no
profit, no loss basis’. May be marginal profit can be earned which can be given
to the inmates running such canteens or other welfare sets ups like bakery,
furniture shops, knitting of blankets, ‘Khes’ and other such items which can
have readymade demand in the market. This incentive will be good for inmates to
show good behavior.
v-
Though the under trials ideally need to be kept in
separate in separate prison houses, but since it may not be possible
immediately, they need to be kept in separate from the prisoners since it is
basically they who smuggle the drugs inside the jails. One of the common modes
operandi for the smugglers is to send persons inside the jails houses in cases
under 107/151 Cr.P.C. they carry drugs inside and encourage under trials to
hook on to the drugs to ‘escape depression’. The money for the drugs sole
insides the jails is recovered from the relatives outside.
vi-
All prison houses should have proper ‘frequency
jamming devices’ to ensure that no mobiles work in jail. The prison should have
its own walkie talkie system (wireless communication system) which should work
on a special frequency which is not allotted to any of the mobile phone
companies.
vii-
The doctors and staff of unblemished integrity should
be posted in the prison hospitals and there should be proper accounting of the
medicines, particularly psychotropic drugs. The practice to post only unwanted
doctors in the prison houses, by the government, should be done away with. The
hospitals remain one of the ‘problem zones’ inside the jails since they become
the centers of the ‘over the counter’ sale and supply of psychotropic drugs in
the jails.
viii-
Lastly and most importantly, the jail superintendent,
the commandants of the forces deployed and also the higher officials of the
jail department should be held personally responsible in case any narcotics
reach the prison houses. ACCOUNTABILITY
IS THE MOST EFFECTIVE DETERRENCE.
2- Hardly any
de-addiction facility, worth its name exists in any of the jails in Punjab. I
doubt if any serious thought has ever been given to it.
At the outset I will admit that de-addiction is a
complicated word as also a process and I am not an expert on it. Ideally it
some prominent psychiatrist or other medical person can better explain it all.
However, based on my experience, discussions with the leading psychiatrists as
also officials of the UNODC (United Nations Office on Drugs and Crime) and
other experts, I will submit as follows in simple language;
De-addiction is a complicated process. When any fresh
inmate enters the prison house, he needs to be examined by a board of doctors,
instead of giving symptomatic treatment to the inmate. The board ideally should
have an expert on internal medicine, a psychologist, a psychiatrist and a
radiologist to assist them. The board can correctly determine the gravity of
the problem and record and study the magnitude of the problem with which the
inmate is suffering. Based on their estimate, they prescribe suitable
medication as also decide the mode of de-addiction. Normally they prescribe
BUPRENORPHINE, an OST. The experts decide the dosage and the frequency there
of. This medicine is normally in the shape of a tablet. During my tenure as the
D.G.P., Prisons, I had extensively interacted with the UNODC, which along with
N.A.C.O. had come to our rescue in the aftermath of the Kapurthala Jail
violence of October 2012.
In fact this was the incident which had shaken my
conscience very badly when I had seen the rampage by the drug addicts in the
said jail, playing with live and burning gas cylinders after having consumed
all sorts of drugs looted from the ten bedded de-addiction center set up in the
prison itself. That had also rampaged and burnt down the prison as such and
including the ‘general’ thirty odd bedded hospital located there in. they had
looted this general hospital as well and consumed whatever drugs they could lay
their hands on. As a consequence, the next morning, about three hundred inmates
had fallen gravely ill because of ‘withdrawal symptoms’. They could have died,
but for the timely intervention of the UNODC, United Nations Office on Drugs
and Crime, South East Asia chapter, the NACO (National Aids Control
Organization) and the personal good offices of the then Principal Secretary
Health, Govt. of Punjab. Buprenorphine, the OST, which is used for
de-addiction, is also used by N.A.C.O. for its anti AIDS operations. They made
available about several thousand of doses and the lives of these three hundred
inmates suffering from withdrawal symptoms, could be saved.
The other prescribed OST is the Methadone. With the
help of the UNODC and the NACO, this therapy was got started in the Bhatinda
and the Kapurthala civil hospitals.
Thus, in short, the steps involved in the
de-addiction, are;
a- Initial
examination of the fresh inmate by a board of doctors including specialists, at
least in internal medicines, a psychologist and a psychiatrist. They estimate
and prescribe correct OST or other medication, as deemed fit.
b- Regular
dispensing of each and every dose under their own supervision and ensuring that
it is consumed. Often inmates are known to have got medicines of higher dose
sanctioned and then sharing it with others for exchange of money or other
gratification. Doctors are supposed to ensure that the in addict gulps down the
medicine in his presence. Often the cases of some addicts putting this on thin
pieces of cellophane placed on their tongue have come to notice. They get the
medicine put on that and then the medicine is known to have been shared from
tongue to tongue and from mouth to mouth, one addict to the other.
c- The addicts
are to be monitored and observed very closely and the doses of the medicines
regulated accordingly.
d- Along with
the medication, counseling has to be started and it has to increase and become
stronger with the reduction in the medicinal doses. The family of the addict
has also to be involved and they have also to be counseled.
e- When the
addict inmate is released or acquitted, then the counseling and the treatment
has to be taken over by the notified center located out there in the open
society.
f- Thus it is
a long, ongoing and complicated process. No such scientific centers exist in
any of the Punjab jails or even in the civil society.
g-
At least
thirteen de addiction centers being operated by the Punjab Aids Control Society
exist in Punjab. Though they do not really deal with de-addiction, as such, but
my study indicates that not even one of them is been running properly. There is
a need for close monitoring and ensuring that opioid
substitutes do not get pilfered out and sold off in the open society.
h- If it is
not possible for the Punjab government to open de-addiction centers in each and
every jail, then at least some of the bigger jail houses can be notified as de
addiction centers with corresponding de- addiction and counseling centers
operating in these districts. Proper liaison and contact needs to be ensured
between them all.
i-
The state
of affairs in the Punjab prisons, both on the issue of ‘drug supply’ and
de-addiction both in the prison houses and out there in the open society needs
to be monitored by the HIGHER JUDICARY’ very closely.
j-
Lastly a
word about the need for a vigilant criminal justice system. People convicted of
minor drug crimes need to be sentenced to rehabilitation centers instead of the
prisons. There should be ways to address an alternative sentence in a drug
possession or drug user’s case. Criminal justice system should be willing to
explore out of the box methods primarily because of the reason that very often
THE N.D.P.S. cases are planted. They are rarely genuine. Either these cases are
planted to “fix” some political opponent or to ensure that the “BIGGER FISH” go
scot free and minor couriers are implicated. IT IS SURPRISING THAT THOUGH A
LARGE NUMBER OF PEDDELARS AND COURRIERS HAVE BEEN ARRESTED FROM TIME TO TIME
BUT THE “BIG FISH” REMAIN FREE AND THE DRUG SNUGGLINGA ASL ALSO THE DRUG ABUSE
GOES ON UNABATED.
3- Medical
treatment being made available to the inmates needs to be improved upon. Though
most of the prison houses have their own set ups which are called ‘prison
hospitals’, but hardly any one of them is worth its name. At some of the
places, the buildings are not only ramshackle but probably also ‘unsafe’ for
human dwelling. Hardly any good and competent doctor is posted there. Those who
are posted are on account of political or ‘financial’ considerations. They are
frustrated and not willing. Most of the hospitals do not have all the required
medicines either. Condition of hospital equipment is deplorable.
One example which can be mentioned here is that of the
Central Prison at Ludhiana. One of the prison inmates, a prominent doctor, in
his own right, had literally been running the hospital for years and even
conduction minor surgeries. No doubt this doctor prisoner, a lifer, need to be
commended upon and shown some mercy by this Honourable Court, but at the same
time the reflection that it has on the doctors and paramedics, also needs to be
taken notice of.
I am told that at Ropar as well. The doctor rarely
visits the prison hospital and the paramedic posted there, runs the hospital
with the help of some of the ‘dedicated’ inmates. This deplorable condition
exists at a number of places.
It needs to be ensured that the hospitals are located
in healthy, well ventilated buildings, that they have required strengthen of
willing, dedicated and competent staff, that they have all required medicines
and other equipment and lastly, and most importantly, that they are prescribing
correct medicines to the correct patient instead of selling the same,
particularly psychotropic medicines, over the counter.
4- Yes, there
is rampant misuse of the facility of availing of medical treatment outside the
jails. It is a well oiled mechanism for corruption and nepotism at the behest
of the politicians, doctors and the prison officials, and in that order.
(Shashi Kant)
#1258, Sector 18-C
Chandigarh-160018