Delhi High Court Registers Suo Motu Case On Establishment, Expansion Of Open Prisons

The Delhi High Court on Wednesday registered a suo motu case based on Supreme Court's recent directions to ensure effective utilisation, establishment, functioning and expansion of Open Correctional Institutions (OCIs) in the national capital.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia passed the order in pursuance to Supreme Court's directives passed on February 26 in the case of Suhas Chakma v. Union of India & Ors.

In the said case, the Apex Court directed the States and Union Territories to assess the feasibility and necessity of establishing such institutions and to develop a protocol for their establishment.

The Supreme Court had ordered all States and Union Territories to constitute monitoring committees headed by the Executive Chairman of the State Legal Services Authority to oversee implementation. It also directed High Courts to register suo motu writ petitions as continuing mandamus to monitor compliance.

Registering a suo motu plea today, the High Court noted that as per the directions, the Committee has to comprise of Home Secretary of the respective State or Union Territory and a senior officer of the prison department.

It also noted that the Committee has been charged with the duty to ensure compliance of the Supreme Court directives and to oversee the utilisation, functioning and expansion of OCIs, facilitating timely identification and transfer of eligible prisoners from closed prisons to OCIs, periodically review progress and addressing systemic impediments in the implementation of the directions.

The Court impleaded the Union of India through Principal Secretary of Ministry of Home Affairs, GNCTD through Principal Secretary Home, GNCTD through Director General Prisons, DSLSA through Member Secretary and High Court through Registrar General as respondents in the matter.

The Court appointed Senior Advocate Arvind Nigam as amicus curae in the case.

It also directed that an affidavit be filed by Delhi Government giving details of the steps taken to ensure compliance of the Apex Court's order and on constitution of the Committee.

It also asked the DSLSA to file a status report in the form of an affidavit.

Title: COURT ON ITS OWN MOTION v. UNION OF INDIA & ORS