Gauhati High Court
X X X vs In Re - The State Of Assam And 7 Ors on 2 March, 2020
Author: Ajai Lamba
Bench: Ajai Lamba
Page No.# 1/7
GAHC010054902017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)(Suo Moto) 9/2018
1:X X X
GUWAHATI
ASSAM
VERSUS
1:IN RE - THE STATE OF ASSAM AND 7 ORS.
REP. BY THE ADDITIONAL CHIEF SECRETARY
HOME AND POLITICAL(B) DEPTT
JANATA BHAWAN
DISPUR
GUWAHATI- 781006
2:THE STATE OF NAGALAND
REP. BY THE SECRETARY
HOME DEPTT
GOVT OF NAGALAND
NAGALAND CIVIL SECRETARIAT
KOHIMA- 797004
3:THE STATE OF MIZORAM
REP. BY THE COMMISSIONER AND SECETARY HOME DEPTT
GOVT OF MIZORAM
MIZORAM SECRETARIAT
AIZAWL- 796001
4:THE STATE OF ARUNACHAL PRADESH
REP. BY THE PRINCIPAL SECRETARY
HOME DEPTT
GOVT OF NAGALAND
CIVIL SECRETARIAT
ITANAGAR- 791111
Page No.# 2/7
5:THE INSPECTOR GENERAL OF PRISONS
ASSAM
ASSAM PRISON HEADQUARTERS
KHANAPARA
GUWAHATI- 781022
6:THE DIRECTOR GENERAL OF PRISONS
NAGALAND PRISON HEADQUARTER
P R HILL
KOHIMA- 797005
7:THE INSPECTOR GENERAL OF PRISONS
MIZORAM. DIRECTORATE OF PRISONS
AIZAWL- 796001
8:THE INSPECTOR GENERAL OF PRISONS
ARUNACHAL PRADESH
CIVIL SECRETARIAT
ITANAGAR- 791111
Advocate for the Petitioner : MR S S DEY
Advocate for the Respondent : MR. T C CHUTIA (GA
ASSAM R-1
5) Linked Case : PIL(Suo Moto) 7/2017 1:X X X VERSUS 1:IN RE- STATE OF ASSAM and 2 ORS. REP. BY THE PRINCIPAL SECRETARY HOME and POLITICAL B DEPTT.
GOVT. OF ASSAM JANATA BHAWAN DISPUR GUWAHATI-781006.
2:THE INSPECTOR GENERAL OF PRISONS ASSAM KHANAPARA GUWAHATI-781022.
Page No.# 3/7 3:THE SUPERINTENDENT CENTRAL JAIL TEZPUR-784001 DIST. SONITPUR 4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI.
Advocate for the Petitioner : MR.U K NAIR Advocate for the Respondent : GA ASSAM Linked Case : WP(C)(Suo Moto) 8/2018 1:X X X GUWAHATI ASSAM VERSUS 1:IN RE - THE STATE OF ASSAM AND 7 ORS. REP. BY THE ADDITIONAL CHIEF SECRETARY HOME AND POLITICAL(B) DEPTT JANATA BHAWAN DISPUR GUWAHATI- 781006 2:THE STATE OF NAGALAND REP. BY THE SECRETARY HOME DEPTT GOVT OF NAGALAND NAGALAND CIVIL SECRETARIAT KOHIMA- 797004 3:THE STATE OF MIZORAM REP. BY THE COMMISSIONER AND SECETARY HOME DEPTT GOVT OF MIZORAM MIZORAM SECRETARIAT AIZAWL- 796001 4:THE STATE OF ARUNACHAL PRADESH REP. BY THE PRINCIPAL SECRETARY Page No.# 4/7 HOME DEPTT GOVT OF NAGALAND CIVIL SECRETARIAT ITANAGAR- 791111 5:THE INSPECTOR GENERAL OF PRISONS ASSAM ASSAM PRISON HEADQUARTERS KHANAPARA GUWAHATI- 781022 6:THE DIRECTOR GENERAL OF PRISONS NAGALAND PRISON HEADQUARTER P R HILL KOHIMA- 797005 7:THE INSPECTOR GENERAL OF PRISONS MIZORAM. DIRECTORATE OF PRISONS AIZAWL- 796001 8:THE INSPECTOR GENERAL OF PRISONS ARUNACHAL PRADESH CIVIL SECRETARIAT ITANAGAR- 791111 Advocate for the Petitioner : MR S S DEY Advocate for the Respondent : GA ASSAM Linked Case : PIL(Suo Moto) 7/2018 1:XX XX XX GAUHATI HIGH COURT ASSAM VERSUS 1:IN RE - THE STATE OF ASSAM AND ANR. REP. BY THE ADDITIONAL CHIEF SECRETARY HOME AND POLITICAL(B) DEPTT JANATA BHAWAN DISPUR GUWAHATI- 781006 2:THE INSPECTOR GENERAL OF PRISONS Page No.# 5/7 ASSAM ASSAM PRISONS HEADQUARTERS KHANAPARA GUWAHATI- 781022 Advocate for the Petitioner : MR S S DEY Advocate for the Respondent : GA ASSAM Counsel for the petitioners : Mr. N. Dutta, Senior Advocate Ms. A. Paul Mr. U.K. Nair, Senior Advocate Mr. H.K. Das Mr. U. Pathak Counsel for the respondents : Mr. T.C. Chutia, Additional Senior Government Advocate, Assam Mr. S Sarma, Govt. Advocate, Assam BEFORE HON'BLE THE CHIEF JUSTICE MR. AJAI LAMBA HON'BLE MR. JUSTICE SOUMITRA SAIKIA 02-03-2020 (Ajai Lamba, CJ )
1. With the assistance of Mr. U.K. Nair, learned senior counsel, we have referred to the gist of the issues raised by the above noted petitions.
In all the four petitions the issue concerns the conditions prevailing in jails in the States of Assam, Nagaland, Mizoram and Arunachal Pradesh, either on account of overcrowding; or understaffing; or inadequate jail infrastructure; or for providing vocational training to jail inmates; or incidents of human rights violation in the jails; and whether the directions/ observations issued by the Hon'ble Supreme Court of India in W.P.(C) No.406 of 2013 by virtue of various orders passed during the proceedings in the said petitions have been complied with.
2. For the ease of judging and for pragmatic purposes, rather than calling for reply of various authorities in various petitions under consideration, noted above, we would be dealing with W.P.(C) (Suo Moto) No.8 of 2018.
Page No.# 6/7 We make it clear that all the counsels in the four writ petitions mentioned above, would be at liberty to assist the Court.
3. Considering the facts and circumstances of the cases, we dispose of PIL (Suo Moto) No.7 of 2017; PIL (Suo Moto) No.7 of 2018 and W.P.(C) (Suo Moto) No.9 of 2018, however, the issues raised in the above noted petitions being related to the issues raised in W.P.(C) (Suo Moto) No.8 of 2018, we shall be dealing with all the issues, while dealing with W.P.(C) (Suo Moto) No.8 of 2018.
4. We deem it just and proper to direct (i) Inspector General of Prisons, Assam; (ii) Director General of Prisons, Nagaland; (iii) Inspector General of Prisons, Mizoram; and (iv) Inspector General of Prisons, Arunachal Pradesh to file their personal affidavits detailing the following :
(i) How many jails are in existence in the States ?
(ii) The sanctioned capacity of each of the jails;
(iii) The actual number of prisoners housed in each of the jails;
(iv) Crimes reported from each of the jails, committed at the instance of the jail authorities or private persons, or at the instance of authorities that supervise the jails;
(v) Whether vocational training is provided in the jails ? Whether libraries have been provided in the jails ? Whether provision for handloom, handicraft and other such activities have been provided?
(vi) How many of the above noted jails are overcrowded, vis-à-vis their sanctioned capacity ? Exact number thereof be given against each of the jails.
(vii) Whether each of the jails is appropriately staffed in terms of rules and regulations governing the issue ? The shortage of staff, at all levels be indicated against every jail in the affidavit.
(viii) Whether jail hospitals/clinics are provided in accordance with Model Prisons Manual, 2016 ?
(ix) Whether jail wards have been provided in the medical facilities provided by the States in those stations where the jail is located ?
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(x) To what extent is Model Prisons Manual, 2016 adopted; or implemented in each of the jails ?
(xi) Whether ideal conditions have been provided for jail inmates to meet their family members ?
(xii) Whether a separate room has been provided for the advocates who want to meet their clients/inmates; or for free legal aid purposes, in each jail ?
5. We make it clear that once the reports are received, this Court would constitute a Commission of Persons from the Society and members of the Bar to visit each of the jails to verify whether the information furnished is factually correct or not.
6. In view of the contents of this order PIL (Suo Moto) No.7 of 2017; PIL (Suo Moto) No.7 of 2018 and W.P.(C) (Suo Moto) No.9 of 2018 are hereby disposed of.
7. W.P.(C) (Suo Moto) No.8 of 2018 be listed on 21st April, 2020.
8. Let a copy of this order be forwarded to (i) Additional Chief Secretary, Government of Assam, Home and Political Department; (ii) Secretary to the Government of Nagaland, Home Department; (iii) Commissioner and Secretary to the Government of Mizoram, Home Department; (iv) Principal Secretary to the Government of Arunachal Pradesh; Home Department; (v) Inspector General of Prisons, Assam; (vi) Director General of Prisons, Nagaland; (vii) Inspector General of Prisons, Mizoram; and (viii) Inspector General of Prisons, Arunachal Pradesh.
9. A copy of the order be furnished under signatures of the Court Master to all the counsel(s) concerned with these cases.
JUDGE CHIEF JUSTICE Comparing Assistant