Raj Kundra’s 2021 letter to NHRC highlighting deplorable plight of inmates at undertrial prison surfaces
Raj Kundra
A letter addressed to the National Human Rights Commission (NHRC) by businessman Raj Kundra, the husband of Bollywood actress Shilpa Shetty, has alleged inhumane treatment within the Arthur Road jail barracks. Despite a capacity for 49 individuals, the letter claims that the facility apparently crams in over 250 people, creating conditions where individuals are unable to move even an inch while sleeping at night.
Jail authorities have admitted that the prison is indeed overcrowded, but insist that the facilities provided are of a higher standard, including food of commendable quality. Kundra was arrested by the Mumbai Crime Branch in July 2021 in connection with a pornography case and he spent a total of 60 days inside prison before securing bail.
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Raj Kundra wrote the letter to the NHRC in 2021 after securing bail. mid-day has a copy of the letter and Kundra’s legal team has acknowledged the same. The letter highlights his troubles and experiences while staying in barrack 6.4 of Arthur Road jail, during his judicial custody. “Having spent sixty days there I will share my experiences and troubles. I start by saying the environment created in the jail is nothing but slow poison where humans are being treated worse than pigs. Everyone is permitted to smoke in the barrack causing non-smokers to smoke passively…” the letter states.
Raj Kundra was arrested in July 2021 and spent 60 days in jail. File pic
“Multiple burn injuries happen from un-stubbed bidis and cigarettes on the barrack floor. The barrack capacity as mentioned on the building is 49, yet over 250 people are made to occupy the same. If you are fortunate to get a small area on the sides to sleep (after much negotiation) you can get some rest otherwise newcomers are made to sleep on their sides squashed down the middle of the barrack with not even space for a person to move an inch.” Kundra stated in his letter.
Also read: Mumbai: In panic, they succumbed to the smoke and heat
Harshad Ahirrao, superintendent of Arthur Road jail, said, “While the prison is indeed overcrowded, the facilities, ranging from sanitary amenities to the quality of food, surpass expectations, rivalling those found in establishments elsewhere. Notably, smoking is permitted within the prison premises, but a designated room is allocated for this purpose, ensuring that no smoking occurs within the barracks.”
According to Kundra, the majority of fights that break out are due to inmates not getting their same position back when they visit the washroom at night. “After suffering a full day of inhaling second-hand smoke and then sleepless nights these alleged criminals of Arthur Road are given something that's supposed to be called edible food… the dal is nothing but warm water with a floating pinch of lentils and the rice is hard and uncooked,” the letter reads.
Funds misused
Kundra further narrated in his two-page letter to the NHRC, “I won't even start the discussion on the filthy state of toilets and corruption that goes on inside the jail for extra benefits. I believe R280 is allocated per day per person for breakfast, lunch and dinner. I can guarantee not even R100 is being spent on the inmates and God knows what's happening to the rest of the ration and budgets.”
according to Kundra, he lost over 13 kg in the sixty days he spent at Arthur Road jail and there was also added mental trauma. “I have just spent 60 days in this hell sir, but some are there for the last 5-7 years and the trial has not begun for them. They suffer from multiple skin diseases due to poor living standards. Many complain about the chapattis saying if they are not dusted properly it causes itching on the body. The medication available to inmates is terrible and generic in nature with no special treatment for specific illnesses. Everything is about eating the red, yellow or green pill the doctor gives you,” Kundra’s letter states.
According to the letter, everything is cleaned up on the premises when there is a visit by a judge and surprisingly, even the food tastes “a little better”, but it is still not fit for human consumption. Inmates are beaten with sticks by the hawaladars and inspectors for questioning the system or even asking for proper food.
“I sincerely request that you look into the matter seriously as many cannot even raise their voices out of fear. I believe that the NHRC is not aware of what's happening inside and I hope some serious action will be taken, giving dignity to those that are still under trial and have not been proven guilty,” Kundra said in his letter. Kundra has also written about the same to the British Embassy as he is a British national holding an OCI card.
NHRC finds nothing wrong
According to sources, the NHRC closed the complaint in 2022 after making visits to Arthur Road jail. The commission didn’t find any human rights violations as claimed by Kundra. “It was seen that the allegations do not make out any specific violation of human rights, hence they are not entertainable by the Commission as per Regulation 9 (x) of the National Human Rights Commission (Procedure) Amendment Regulations, 1997,” the NHRC said responding to Kundra’s team.
Following the dismissal of the complaint, Kundra's team shared compelling videos featuring various inmates who had shared the same barracks with him. These individuals echoed Kundra's claims, vehemently stating that the conditions within the prison were deplorable, and the inmates were not treated as human beings.
Prisoners talk of ordeal
Abdul Kadir Shaikh, who shared the barrack with Kundra, expressed, “The state of the prison is so abysmal that one can hardly feel like a human being. The unhygienic conditions of the toilets make it unthinkable to use them, yet everyone is compelled to do so. There is also no space for peaceful sleep.”
Similarly, Suchit Mishra, another inmate, said, “The critical issue within the prison is the lack of sufficient sleeping space. According to the jail manual, the barracks meant for 49 people were accommodating over 250 prisoners. The situation inside the prison is undeniably inhumane.”
Yet another inmate, Umar Khan further reiterated the appalling circumstances, stating, “It's beyond comprehension. You are constrained to sleep in a single position throughout the night, unable to even turn an inch. The food provided to us is unfit for consumption, even by animals. Numerous individuals fall ill due to the horrendous conditions prevailing within the prison.”
200
No. of extra people living in barracks
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