'We Feel Sorry': Gujarat High Court Laments State's Unresponsiveness To Open Prisons Issue, Seek AG's Response

The Gujarat High Court on Monday (May 4) lamented at the response of State after noting that the compliance of Supreme Court's February directions regarding open correctional institutes (open prisons) had not been placed before it, nor did the Government Pleader or Public Prosecutor had appeared before it today despite advance notice.

The court said it "feels sorry" at this response of the State Officers in "such an important and sensitive matter". The high court thus directed that the present matter be brought to the notice of the Advocate General, to appear in the matter on May 6.

The high court passed the order in a suo motu petition registered as PIL  in view of the dirrections issued by Supreme Court on 26-2-2026 in Suhas Chakma v. Union of India & Ors. The Supreme Court had on February 26  issued comprehensive directions for the effective utilisation and expansion of Open Correctional Institutions (OCIs) across the country, holding that they must function as meaningful institutions of reform and rehabilitation.

For context, the Apex 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, within 4 weeks from the judgment. It also directed High Courts to register suo motu writ petitions as continuing mandamus to monitor compliance, noting that its May 8, 2018 directions in In Re: Inhuman Conditions in 1382 Prisons did not yield meaningful results.

As per the Supreme Court directions, each State and Union Territory shall constitute the aforesaid Committee within a period of four weeks from the date of the Supreme Court judgment.

The State Committees shall submit status reports to the concerned High Court on regular quarterly intervals, detailing the steps taken towards compliance with the directions issued herein, the utilisation and expansion of OCIs, and any difficulties encountered in implementation of the directions issued by this Court. The first such status report is to be placed before concerned High Court on or before 21-8-2026.

The High Courts, through their respective Registrar General, have been directed to compile and forward consolidated report to the Supreme Court once every year, summarising the compliance status of States and Union Territories, progress achieved, best practices identified, and persistent gaps requiring policy or executive intervention. The first such consolidated annual report is to be placed before the Supreme Court on 31-3-2027.

Effectiveness of directions will ultimately depend on timely implementation of concerned states, the Supreme Court had said. 

Referring to the Supreme Court's directions, a division bench of Chief Justice Sunita Agarwal and Justice DN Ray in its order dictated:

"The question before us today is whether directions issued by Apex court in aforesaid decision for constitution of the moniroting committee for the management of OCIs within 4 weeks of the date of judgment and order dated 26-2-2026 has been followed or not. Further, whether state monitoring committee if constituted has taken steps towards complaince of directions contained therein.

The advance notice on behalf of the respondents 1 and 2 namely the State of Gujarat represented through home department and Director General of Police (Prisons) and Correctional Administration, has been receieved in office of Government Pleader and Public Prosecutor. However neither the learned Government Pleader nor the learned Public Prosecutor are present today to answer to the court. 

We feel sorry at this response of the State Officers in such an important and sensitive matters when even the status of complaince of directions of Apex Court as on date could not be placed before us...is not before us, despite service of advance notice upon offices concerned on April 27. We therefore post the matter on May 6 seeking further response of learned Advocate General on the issues before us". 

During the hearing the court orally asked the State's counsel if the Supreme Court's direction had been brought to the notice of the government pleader and the public prosecutor to which the counsel said that she will bring it to their notice. 

Noting that the advance notice of the Suo-Motu PIL had been served to the office of the Government Pleader and Public Prosecutor a week ago, the court orally said that this was a sensitive matter and such matters are not be taken in this manner. The counsel said that she will immediately inform. 

Notably, to bring uniformity the Apex Court has also constituted a high-powered committee for formulation of common minimum standards for governance and management of OCIs, harmonisation of correctional practices with constitutional principles and international best practices, identification of systemic gaps in existing frameworks, recommendation of standard eligibility assessment protocols, ensuring inclusive and non-discriminatory access including for women and transgender prisoners, suggesting capacity-building measures for prison officials, recommending mechanisms for periodic monitoring and data collection, and strengthening inter-agency coordination between prison departments, legal services authorities and other agencies.

The Apex Court has also directed States and Union Territories to make necessary amendments of existing rules, regulations or administrative frameworks governing OCIs to give full effect to its directions.

Case title: SUO MOTU v/s STATE OF GUJARAT, HOME DEPARTMENT & ANR.

R/WPPIL/21/2026