Jharkhand High Court
Stan Swamy vs State Of Jharkhand on 23 September, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 4212 of 2017
Stan Swamy, Convenor, Persecuted, Prisoners Solidarity, Committee at
Bagaicha, Ranchi & Another ..... Petitioners
Versus
State of Jharkhand, through the Chief Secretary, Ranchi & Others
..... Respondents
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CORAM HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners: Mr. Trideep Pais, Sr. Advocate Mr. Peter Martin T.J., Advocate Mr. Nilanjan Dey, Advocate For the State: Mr. Piyush Chitresh, A.C. to A.G.
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18/23.09.2025 I.A. No. 6446 of 2025:
1. Heard.
2. On 19.06.2018, this Court had passed the following order:
1. We, hereby, direct the Advocate General of the State to appear on behalf of the State of Jharkhand in this case.
2. The Advocate General has appeared in this case and now he is seeking time to get further instruction, because prima facie it appears that there are several cases in which sanction is required under the law, especially, in the law like Explosive Substance Act, 1908, Unlawful Activities (Prevention) Act, 1967 to be read with Section 153-B of the Indian Penal Code as well as under Section 196 of the Code of Criminal Procedure.
Annexures - 3, 6B and 7B of the memo of this writ petition shall be properly replied by the Advocate General of the State. Affidavit which has been filed is not up to the mark of satisfaction. If there is any need of filing an affidavit by the Advocate General of the State of Jharkhand, he is at liberty to file the same.
3. Para - 56 of the judgment delivered by the Hon'ble Supreme Court of India in Writ Petition (Civil) No.406 of 2013, judgment dated 05.02.2016, reads as under :-
"56. The sum and substance of the aforesaid discussion is that prisoners, like all human beings, deserve to be treated with dignity. To give effect to this, some positive directions need to be issued by this Court and these are as follows:
1. The Undertrial Review Committee in every district should meet every quarter and the first such meeting should take place on or before 31-3-2016. The Secretary of the District Legal Services Committee should attend each meeting of the Undertrial Review Committee and follow up the discussions with appropriate steps for the release of undertrial prisoners and convicts who have undergone their sentence or are entitled to release because of remission granted to them.
2. The Undertrial Review Committee should specifically look into aspects pertaining to effective implementation of Section 436 CrPC and Section 436-A CrPC so that undertrial prisoners are released at the earliest and those who cannot furnish bail bonds due to their poverty are not subjected to incarceration only for that reason. The Undertrial Review Committee will also look into issue of implementation of the Probation of Offenders Act, 1958 particularly with regard to first-time offenders so that they have a chance of being restored and rehabilitated in society.
3. The Member-Secretary of the State Legal Services Authority of every State will ensure, in coordination with the Secretary of the District Legal Services Committee in every district, that an adequate number of competent lawyers are empanelled to assist undertrial prisoners and convicts, particularly the poor and indigent, and that legal aid for the poor does not become poor legal aid.
4. The Secretary of the District Legal Services Committee will also look into the issue of the release of undertrial prisoners in compoundable offences, the effort being to effectively explore the possibility of compounding offences rather than requiring a trial to take place.
5. The Director General of Police/Inspector General of Police in charge of prisons should ensure that there is proper and effective utilisation of available funds so that the living conditions of the prisoners is commensurate with human dignity. This also includes the issue of their health, hygiene, food, clothing, rehabilitation, etc.
6. The Ministry of Home Affairs will ensure that the Management Information System is in place at the earliest in all the Central and District Jails as well as jails for women so that there is better and effective management of the prison and prisoners.
7. The Ministry of Home Affairs will conduct an annual review of the implementation of the Model Prison Manual, 2016 for which considerable efforts have been made not only by senior officers of the Ministry of Home Affairs but also persons from civil society. The Model Prison Manual, 2016 should not be reduced to yet another document that might be reviewed only decades later, if at all. The annual review will also take into consideration the need, if any, of making changes therein.
8. The Undertrial Review Committee will also look into the issues raised in the Model Prison Manual, 2016 including regular jail visits as suggested in the said Manual."
(emphasis supplied)
4. The aforesaid direction given by the Hon'ble Supreme Court shall be properly appreciated by the State of Jharkhand whenever they will argue their matter on the next date of hearing.
5. We also direct the State of Jharkhand to file reply of I.A. No.5013 of 2018 preferred in this writ petition, especially, the details which are to be given by the State, as mentioned in para - 15 of this interlocutory application.
6. This matter is adjourned to be listed on 27.07.2018."
3. In compliance of the aforesaid order, the respondents did file two separate affidavits one pertaining to 11 districts that was filed on 30.07.2018 and another affidavit pertaining to remaining 13 districts which was filed on 27.02.2019.
However, having perused those affidavits, we are clearly of the view that the same were extremely vague and were filed with an intent to only provide lip service to the orders passed by this Court without making any serious endeavour to comply with the orders of this Court in its letter and spirit. We see nothing further giving the fact that the State must reflect its seriousness on an issue so important as the one raised in the instant writ petition.
4. Accordingly, we direct the respondents to obtain complete particulars of data on status of cases pending against the undertrial prisoners, who have been in custody for three years or more on the following format:
DATA OF ALL UNDERTRIAL PRISONERS WHO HAVE BEEN IN CUSTODY FOR THREE YEARS OR MORE NAME OF JAIL (A) PRISONER (B) CASE DETAILS (C) STATUS OF BAIL (D) SANCTION DETAILS DETAILS S. Name Category PS FIR Date G.R. Sections/ Date Date of Status of Bail If bail Date of Date Authority Status Date of No [SC/ No. of No. Offences of Admission to [Granted with granted, release of before [Granted decision ST/OBC/ FIR arrest Jail date/Rejected whether from applic which /Rejecte on General/ immediately with date of bonds jail ation Pending d/Pendin sanction Other] after arrest last furnished g/Not rejection/Appli applied] ed but Pending/Not applied] (E) COGNIZANCE AND CHARGE FRAMING (F) TRIAL DETAILS (G) (H) STATUS OF DETAILS STATUS APPEAL OF LEGAL REPRESE NTATI ON Dates Date If Date If S. Trial Stage of Next Numbe Number If case is Whether Date Court Status on of cognizan on charge T. court Trial Date r of of PWs pending UTP when of which Cogni ce not which is not No [Prosecutio of PWs remainin for three represented filed suspen Police zance taken, Charge framed, n Heari examin g to be years or by counsel? sion of Reports reasons Frame reasons Evidence/ ng ed examine more & (Private/Leg sentenc submitt for d for 313/ d is at the al Aid) e ed to pendenc penden Defence stage of applicat court y cy Evidence/ evidence, ion Final Arg/ Reasons Judgment for Delay reserved/ Judgment pronounce d]
5. The Secretary, Department of Home is directed to obtain specific data from the learned Principal District & Sessions Judge, Superintendent of Police and Superintendent of Jail of each of the districts as well as collate and reflect the same in the aforesaid table.
6. Let the needful be done within six weeks.
7. List this case on 25.11.2025.
8. However, we make it absolutely clear that unlike the previous occasions, the respondents shall ensure that the order passed by this Court in I.A. No. 5013 of 2018 as well as the instant order are complied with in its letter and spirit.
(TARLOK SINGH CHAUHAN, C.J.) (RAJESH SHANKAR, J) 23rd September, 2025 Satish/Vikas