RE-INHUMAN CONDITIONS IN 1382 PRISONS versus .

Citation: [2018] 4 S.C.R. 461 · Decided: 08-05-2018 · Supreme Court of India · Bench: MADAN B. LOKUR, DEEPAK GUPTA · Disposal: Directions issued

Judgment (excerpt)

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 RE-INHUMAN CONDITIONS IN 1382 PRISONS
(Writ Petition (Civil) No. 406 of 2013)
MAY 08, 2018
[MADAN B. LOKUR AND DEEPAK GUPTA, JJ.]
Prison: Under trial – Implementation of Standard Operating
Procedure (SOP) for Under Trial Review Committee – Overcrowding
in prisons – High courts to take up the issue of overcrowding in
prisons as a suo moto writ petition – Vacancies in the prison staff –
High Court to look into this issue as a suo moto writ petition –
Government of India is conducting a study through the National
Law University on women prisoners and their children – Ministry
will consider the study report – State Government to notify and
implement Model Rules called Model Uniform Rules for the
Administration of Open Correctional Institutions – State
Governments to try and utilize the existing capacity of these open
prisons and if necessary increase the existing capacity of these open
prisons in due course of time – Matter to be listed on 2.8.2018.
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil)
No. 406 of 2013.
Under Article 32 of the Constitution of India.
A. N. S. Nadkarni, ASG, Vibha Dutta Makhija, Sr. Adv., Saurabh
Mishra, Ms. Aishwarya Bhati, S. S. Shamshery, AAGs, Gaurav Agrawal
(AC), R. M. Bajaj, Ms. Binu Tamta, R. Bala, Ms. Sushma Suri,
B. K. Prasad, Ms. Sushma Manchanda, M. K. Maroria, Ms. Aarti
Sharma, Santosh Kr. Vishwakarma, B. V. Balaram Das, Guntur
Prabhakar, Ms. Prerna Singh, Gautam Prabhakar, Shuvodeep Roy, Sayooj
Mohandas M., M. Shoeb Alam, Ms. Fauzia Shakil, Ujjwal Singh, Mojahid
Karim Khan, Atul Jha, Sandeep Jha, Dharmendra Kumar Sinha,
Anshuman Srivastava, S. S. Rebello, Apoorva Bhumesh, Ms. Hemantika
Wahi, Ms. Mamta Singh, Ms. Vishakha, Ms. Shodhika Sharma,
Ms. Pallavi Baghel, Ajay Marwah, Mool Singh, B. K. Satija, Sanjay Kr.
Visen, Tapesh Kumar Singh, Mohd. Waquas, Aditya Pratap Singh,
V. N. Raghupathy, Parikshit P. Angadi, C. K. Sasi, Arjun Garg, Mahaling
Pandarge, Nishant R. Katneshwarkar, Leishangthem Roshmani Kh.,
Ms. Maibam Babina, Ranjan Mukherjee, Daniel Stone Lyngdoh,
  [2018] 4 S.C.R. 461
461
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SUPREME COURT REPORTS
[2018] 4 S.C.R.
K. V. Kharlyndoh, K. N. Madhusoodhanan, Nitya Madhusoodhanan,
T. G. Narayanan Nair,  Mrs. K. Anatoli Sema, Edward Belho, Amit
Kumar Singh, K. Luikang Michael, Z. H. Isaac Haiding, Ms. Anindita
Pujari, Ms. Kavita Bhardwaj, Ashok Panigrahi, Ms. Uttara Babbar,
Ms. Akanksha Choudhary, Ms. Bhavna Duhoon, Amit Sharma, Sandeep
Singh, Ankit Raj, Ms. Ruchi Kohli, Ms. Pragati Neekhra, Aruna Mathur,
Avneesh Arputham, Ms. Anuradha Arputham, Ms. Simran Jeet (for
M/s. Arputham Aruna & Co.), Shuvodeep Roy, Rituraj Biswas,
M. Yogesh Kanna, Sujatha Bagadhi, Garvesh Kabra, Ms. Rachana
Srivastava, Ms. Monika, Ms. Sudipta, Suhaan Mukerji, Harsh Hiroo
Gusahanbi, Vishal Prasad, Ms. Astha Sharma, Amjid Maqbool, Amit
Verma (for PLR Chamers and Co.), Bhupesh Narula, K. V. Jagdishvaran,
Mrs. G. Indira, M. S. Doabia, S. S. Rawat, V. G. Pragasam, S. Prabu
Ramasubramanian, S. Manuraj, T. N. Rama Rao, Hitesh Kumar Sharma,
T. Veera Reddy, Ms. Ritu Kumar, Ms. Pragya Singh, Satya Mitra, Kamal
Mohan Gupta, P. Venkat Reddy, PRashant Kr. Tyagi (for M/s. Venkat
Palwai Law Associates), Pukhrambam Ramesh Kumar, Himanshu
Agarwal, Yash S. Vijay, Advs. for the appearing parties.
The following Order of the Court was passed :
      O R D E R
We have seen the Note of Hearing submitted by learned amicus
curiae.
We have heard learned amicus curiae as well as learned Additional
Solicitor General and other learned counsel.
There are six issues for consideration today:
1.      Under Trial Review Committee
It is stated by Mr. Surinder S. Rathi, Director, NALSA that the
Standard Operating Procedure (SOP) for Under Trial Review Committee
is ready.
 Learned amicus curiae says that he will look into it and perhaps
have some further discussion with NALSA.
In any event, the SOP will be finalized on or before 30th June,
2018.
As soon as the SOP is finalized, it should be circulated to all the
District Judges and Under Trial Review Committees for implementation.
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If and when there are some constraints in the implementation of
the SOP, it should be brought to the notice of NALSA so that necessary
or corrective measures can be taken.
No further orders are required to be passed on this issue.
We compliment Mr. Rathi and others in NALSA associated in the
drafting of the SOP and place on record our appreciation for their efforts.
2.       Overcrowding in Prisons

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