NEW DELHI, January 17: From his tiny cell in Goa’s Central Jail, Sudhir Sharma, Inmate No 797, has been fighting a long and lonely battle: he wants to read. The Constitution and the Supreme Court say he has the right to do so, his prison authorities say no.
Sharma, a former addict, was arrested in 1993 and sentenced to a 10-year jail term under the Narcotics Act. While in prison, one day, a fellow inmate showed him a copy of Pahal, a monthly Hindi literary magazine. It was this that, Sharma says, gave him a reason to live.
He wrote to Pahal editor, noted Hindi writer Gyanranjan, who sent him his books. They reached the jail but authorities said he couldn’t read them. The books were sent back and Sharma was moved to a sub-jail, in Vasco, where, he says, the conditions are worse.
Still, he keeps writing letters, to Gyanranjan, Hindi novelist and DIG of Border Security Force, Vibhuti Narain Rai; authors Nirmal Varma, S R Yatri and Asghar Wajahat. These letters aren’t sent through “official channels”, he smuggles them out, sometimes through an inmate on his way to the hospital, a friendly warden or an inmate’s relative. In his latest letter to Rai on December 10, 1997, Sharma says he’s perhaps paying for raising his voice.
The story of his life, as told through his letters: Once a student of Delhi University, Sharma left home for Mumbai. He began working for the underworld don Karim Lala’s nephew Samad Khan, fell in love with a “penfriend” from Jodhpur. Things changed when Samad Khan was killed and his girlfriend ditched him. Sharma became an addict and began to peddle drugs until he landed in jail.
He clocked his days in despair until he read Pahal. “Pahal ke ank ne meri zindagi mein pranvayu ka sanchar kiya,” he writes in a letter to Rai. (Just one issue of Pahal gave me a fresh lease of life). He goes on to thank Gyanda (Gyanranjan) for accepting a prisoner as a reader. “Thank you for agreeing to share your books with a criminal. I know I have done something wrong but I am conscious. Don’t I have the right,” he asks, “to know what’s going on, to be sensitive?”
Books and magazines came pouring in which jail authorities confiscated. He also wrote to Kiran Bedi. In a letter, he says he believes that his persecution by the jailer was largely due to his attempt to spill the beans in the letter to Bedi.
The IG (Prison), Goa, and the superintendent of the Central Jail in Aguada, quoted the jail manual to justify their action. In a letter to Rai dated July 8, 1996, the superintendent says:
"In view of Rule 17 of the Goa Daman and Diu Prisons (Facilities to the prisoners) Rules 1968, the parcel which was sent by you was refused by this jail."
According to this rule, prisoners’ mail, both incoming and outgoing, "shall be carefully censored." And a prisoner may be asked to give "a list of persons with whom he is likely to correspond during his period of imprisonment. As far as practicable, this list shall be scrutinised."
Jail authorities claim that since these authors’ names don’t figure in this list, he cannot receive anything from them.
This despite a 1979 ruling by a Supreme Court bench comprising Justices V R Krishna Iyer, R S Pathak and O Chinnappa Reddy. The judges had said: "No prisoner can be personally subjected to deprivations not necessitated by the fact of incarceration and the sentence of the court. All other freedoms belong to him, to read and write… to creative comforts… to movement within the prison campus subject to the requirements of discipline and security, to the minimal joy of self-expression, to acquire skills… all other fundamental rights tailored to the limitations of imprisonment."Speaking to The Indian Express, G H Kenaudekar, additional Deputy Collector and Deputy IG (Prison), Goa north, says: "As per rules, books will not be given to prisoners but will be kept with jail authorities." When told of the Supreme Court’s ruling, he says that probably the jail administration is not aware of the decision.
Ironically, the books sent to Sharma by Kiran Bedi, who was given the Magsaysay award for reforms in Tihar jail, were also returned. Says Bedi: "The Goa jail administration has overlooked the verdict and directions of the Supreme Court. It should be brought to book for this." Until that happens, Inmate No 797 will keep waiting — and writing.