The Supreme Court has directed several states and union territories (UTs) to furnish complete information on the functioning of open prisons within four weeks.
Semi-open or open prisons allow convicts to work outside the prison during the day to earn an income and return in the evening. The concept was introduced to assimilate the convicts into society and reduce the psychological pressure, as they struggled to lead a normal life outside the prison.
A bench comprising Justices BR Gavai and KV Viswanathan was informed by senior advocate K Parameshwar, who is assisting the Supreme Court as amicus curiae in a case relating to overcrowding in prisons, that several states and UTs are yet to file their responses.
The court noted that states and UTs such as Delhi, Himachal Pradesh, Madhya Pradesh and Punjab are yet to submit the qualitative/quantitative charts despite circulating a questionnaire seeking information on the status and functioning of open correctional facilities and whether such facilities exist within their jurisdiction.
“We, therefore, direct that all States/Union Territories which have not filed their responses, do so within a period of four weeks from today,” the court said in its order dated August 20.
It was stated that the states and UTs, which have not provided complete information, should also ensure compliance within four weeks.
“We further make it clear that if any of the State Governments or Union Territories fails to comply with the orders passed by this Court, we are constrained to direct the presence of the Chief Secretary of the concerned States/Union Territories before this Court,” the bench said, listing the matter for further consideration after four weeks.
The Supreme Court noted that on July 15, it had directed the chief secretaries of various states and UTs to file their responses on the issue of open prisons.
The amicus told the court that the states and UTs of Gujarat, Haryana, Jammu and Kashmir, Maharashtra, Manipur, Nagaland, Telangana, Uttar Pradesh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, Puducherry and Ladakh are yet to file their responses.
While hearing the case on May 9, the Supreme Court noted that setting up open prisons could be one of the solutions to overcrowding and could also be a solution to the issue of rehabilitation of prisoners.
In its order dated May 17, the court had taken cognizance of the submission of the amicus curiae that a model draft manual has been prepared by the Union of India, using the nomenclature ‘open correctional institutions’ for such institutions.
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First publication: Aug 27, 2024 | 12:19 AM IST