SANJA Y SURI & ANR. versus DELHI ADMINISTRATION, DELHI & ANR.

Citation: [1988] 2 S.C.R. 234 · Decided: 09-12-1987 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Disposed off

Judgment (excerpt)

A 
B 
c 
D 
E 
F 
SANJA Y SURI & ANR. 
v. 
DELHI ADMINISTRATION, DELHI & ANR. 
DECEMBER 9, 1987 
[RANGANATII MISRA AND MURARI MORON DUTT, JJ.] 
Criminal Procedure Code, 1973: Sections 7, 420-Warrant-
Authorising detention of prisoners-To specify age of person to be 
detained-Lawful for jail authorities to refuse to honour warrants 
without age and to have this defect rectified. 
Jail Administration: Warders-Necessity to shift at intervals-
Juvenile delinquents and regular prisoners-Not to be assigned work 
in same area-Sessions Judge to be given acknowledged position as 
Visitor-VisilOrr' Boord-Composition of-Directions issued. 
The petitioners, a News Editor and a trainee sub-editor, filed 
writ petitions in the Supreme Court pointing out features of mal· 
administration within the Central Jail at Tihar relating to juvenile 
undertrial prisoners and pray_ing for appropriate directions to the 
respondents. The Court made several orders with reference to juvenile 
prisoners and undertrials. Under the orders of the Court, the Sessions 
Judge visited tile jail on more than one occasion and made several 
reports. Pursuant to the Court's directions, certain suggestions were 
made by the petitioners as well as the respondents. 
Disposing of the writ petitions, 
HELD: 1.1 Those who are incharge of jail administration from 
bottom to top must generate the proper approach to deal with priso-
ners and undertrials. Whatever may have been the philosophy of 
G 
punishment in the pa~:, today the prison house is looked upon as a 
reformatory and the years spent in jail should be with a view to 
providing rehabilitation to the prisoner after the sentence is over. 
Tllenf~, the Prison House, in case the true purpose is to be 
achieved, has to provide the proper atmosphere, leadership, envi-
ronment, situations and circumstances for the re-generation. Members 
H of the staff of the jail from bottom to top must be made cognizant of 
'34 
1-
,J, 
L 
y 
i -
\ 
SANJAY SURI v. DELHI ADMN. 
235 
this responsibility and that awareness must be reflected in their 
A 
conduct. Judicial notice can be taken of prevailing conditions· in the 
jails. [240E-H; 241A] 
1.2 The work load of superintendence should be distributed in a 
graded way and the officers should have direct charge of such divided 
B 
responsibilities. It is necessary that a large dose of good living should 
be introduced in the jail life. The jail administration, and, in parti-
cular, the Administrator should take into consideration this aspect .and 
try to generate a sense of humanism in these officers and those in the 
ranks below them so that the prisoners have direct contact with them 
and benefit by every contact with those officers in getting round to the 
right approach in life. [ 241C-E] 
C 
1.3 Every magistrate or trial Judge authorised to issue warrants 
for detention of prisoners should ensure that every warrant autho-
rising detention specified the age of the prisoner to be detained. 
Judicial mind must be applied in cases where there is doubt about 
D 
age-not necessarily by a trial-and every warrant must specify the 
age of the person to be detained. The authorities in the jail throughout 
India should not accept any warrant of detention as a valid one unless 
the age of the detenu is shown therein. It shall be open to the jail 
authorities to refuse to honour a warrant if the age of the person 
remanded to jail custody is not indicated. It would he lawful for such 
E 
officers to refer back the warrant to the issuing court for rectifying the 
defect before it is honoured. [241G-H; 242A) 
1.4 Due care should he taken to ensure that the juvenile delin-
quents are not assigned work in the same area where the regular pri-
soners are made to work. Care should be taken to ensure that there is 
no scope for their meeting and having contacts. [2420) 
1.5 Steps should be taken to shift the warders at the eud of every 
three years. This is a principle which has been accepted in the Punjab 
Jail Manual (Chapter VI, Rule 273). [242E] 
1.6 The Visitors' Board should consist of cross sections of 
society; people with good background, social activists, people connec-
ted with the news media, lady social workers, jurists, retired public 
officers from the Judiciary as also the Executive. The Sessions Judge 
should be given an acknowledged position as a visitor and his visits 
should not he routine ones. Full care should be taken by him to have a 
F 
G 
H 
236 
SUPREME COURT REPORTS

Excerpt shown. Read the full judgment & AI analysis in Lexace.