Inhuman Conditions In Prisons: Supreme Court Issues Directions To States/UTs To Prevent Overcrowding In Prisons

Today (July 11), the Supreme Court passed a detailed order in a public interest litigation (PIL) initiated to address the issue of overcrowding of prisons in India. The Court directed the States of Uttar Pradesh, Gujarat, Telangana, Tamil Nadu and West Bengal to file a fresh affidavit after taking into account the suggestions made by the Amicus Senior Advocate Gaurav Aggarwal. The suggestions made by Amicus and the order passed today underscored the need for the states to come up with effective and timely actions in order to alleviate the issue of overcrowding in prisons. On earlier occasion, the Court had directed States/Union Territories to constitute District-level Committees, which shall assess and report on available infrastructure in jails and give a decision on the number of additional jails required in terms of the Model Prison Manual, 2016. Following this, when the matter was listed in April, the Court had pulled up States/UTs for not filing their affidavits giving data on jail infrastructure, despite its directions. The Court had also asked the concerned States and UTs to mention in their affidavit about the manner in which recommendations given by the respective Committees are proposed to be implemented and the timelines for such implementation. Today, Amicus Senior Advocate Gaurav Aggarwal took the Bench through the report he prepared for the seven States. Amicus also summarised the affidavit filed by each State. Following this, he took the bench through the committee's recommendations and then submitted his own suggestions and directions sought from the Court. The Bench, after perusing the same, passed the following directions. Delhi For Delhi, Aggarwal reminded the Court that a different kind of committee is required to be set up, as suggested by the ASG Aishwarya Bhati. He reasoned that committees (district-wise) for Delhi, being a UT, would not work. Following this, ASG suggested that Delhi could have one committee. Amicus also informed that the committee members would include the Member Secretary (DLSA), principal secretary home, director general of Tihar Jail, and senior lady judicial officer functioning as principal district judge. Accordingly, the Court directed that the senior officer of this committee to convene a meeting within four weeks and submit a report in the context of the directions issued by the Court on January 30. Haryana, Andhra Pradesh, Madhya Pradesh and Maharashtra. While the affidavits of Haryana and the MP were received last evening, none were filed by the other two states. Thus, Amicus submitted that the present note of hearing does not refer to the compliances made by these States. In this context, the Court also asked the Counsel for the State of MP why the counsel waited for the last date to file the affidavit. “No elections in Madhya Pradesh unlike Andhra Pradesh.,” said Justice Kohli. Uttar Pradesh With regard to the State of UP, Amicus pointed out that the State's affidavit revealed that eight new jails are being constructed, and new barracks are being constructed in existing jails. However, at this stage, Justice Kohli pointed out that there is a five-year target for constructing these jails. Why should we give you five years, the Court asked and added, “It should not take five years to identify (the land), acquire and get the ball rolling.” Responding to the query, State's Advocate General Garima Prasad said this year, the state has already spent more than six thousand crores. She added that a new jail had been established, and the new open jail was inaugurated. Amicus took the bench through the committee's recommendations in this case. The committee, in its report, highlighted 54 issues in 72 jails. Thereafter, he highlighted the recommendations that required urgent attention from the Court. This included the need to construct additional barracks and a pipeline that used to supply drinking water but has been delipidated. Amicus pointed out that the State has said that there is sufficient land available, and (settings of) two tube wells are underway. “Now, if there is sufficient land available then the State government should take cognizance of the report and…if there is land available then there is no reason why the Committee's report should not be implemented.,” he added. He acknowledged the financial issues of the State, considering that this year's budget has been sanctioned. However, he suggested that issues can be segregated depending on the urgency, and work can be started by the next financial year. Based on this, the Bench of Justices Hima Kohli and Sandeep Mehta ordered: “The note prepared by the ld. amicus in respect of UP summarises the status of the ongoing projects/ proposed projects, running into 54 projects, out of which there is ongoing construction in respect of 8 new jails, as detailed…the status of ongoing construction of new barracks in existing...

Inhuman Conditions In Prisons: Supreme Court Issues Directions To States/UTs To Prevent Overcrowding In Prisons

Gyanvi Khanna

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