Prison Reforms : Supreme Court Asks Justice Amitava Roy Committee To Submit Final Report In 6 Months

While hearing an application filed by the Union of India seeking direction to the Committee to expedite the process and submit a final report within a period of 3 months, a Bench comprising Justices L. Nageswara Rao and B.R. Gavai recorded in the order -

"Having gone through the note and after hearing the Ld. AG we request the Committee to submit its final report six months from today. List the matter thereafter."

The Amicus Curiae, Advocate Gaurav Agarwal had submitted a note along with the proposed timelines, to apprise the Bench about the difficulties faced by the Committee in finalising the report. He beseeched the Bench to grant 6 months' time (till 30th September) to the Committee to finalise the report, which was taken note of by the Bench.

Attorney General of India, Mr. K.K. Venugopal informed the Bench at the outset that jails fall within the scope of Entry 4 of List II of the Seventh Schedule of the Constitution of India and is a State subject.

"We have pointed out that as far as jails are concerned it is Entry 4 of List II and is a State subject."

Referring to the judgment of the Court dated 25.09.2018, by which the Committee was constituted and its mandate (Terms of Reference) was fixed, Mr. Venugopal informed the Bench that the Court had directed the Committee to make recommendations with respect to the first three Terms of Reference within three months and to submit the final report within a period of 12 months. The relevant portion form the 25.09.2018 judgment is as under -

"The Committee is requested to give its recommendations in respect of the first three Terms of Reference, preferably within a period of three months from the date on which the necessary facilities are provided by the Government of India.

[...]

We request the Committee to complete the collection of data and information and make appropriate recommendations and submit the same to this Court preferably within a period of 12 months."

He argued that the Committee did not stick to the guidelines. Even as 3 years and 5 months have passed, the Committee has not submitted the final report.

"Now 3 years and 5 months have elapsed and Govt. of India was from the very beginning stating that this is a matter for States. Now in those circumstances we have made a request that the final report be submitted within a period of 3 months."

Mr. Venugopal contended that two of the four reports were submitted during the pandemic i.e. in the last two years, therefore it cannot be cited as a ground for the delay in submitting the final report.

"During COVID times 2 of the 4 reports, COVID cannot be a ground."

[Case Title: In Re-Human Conditions In 1382 Prisons v. State of Assam And Ors. WP (C) 406 of 2013]

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