sanctioned
capacity in each prison; and (ii) recommend release
of prisoners on bail or parole and transfer of
prisoners from overcrowded prisons to the prisons ... sanctioned capacity in each prisons; and (ii) release
of prisoners on bail or parole and transfer of
prisoners from overcrowded prisons to the prisons
having
Overcrowding shall be reported to the
Inspector General of Prisons
(1) If a prison becomes overcrowded, the
Superintendent shall take suitable action for
accommodating ... under-trial Prisoners;
(2) The Inspector General of Prisons may be
moved for transfer of prisons from one prison to
another with the permission
letter.
Justice R.C. Lahoti pointed out that the story highlights:
Overcrowding of prisons;
Unnatural death of prisoners;
Gross inadequacy of staff and
Available staff ... which it was pointed out,
inter alia, that prison overcrowding compels prisoners to be kept under
conditions that are unacceptable in light of the United
country.
Anticipating the spread of Covid19 virus in overcrowded
prisons, notices were issued to all the Chief Secretaries,
Administrators, Home Secretaries, Director Generals of
Prisons ... active cases, the released prisoners were directed
to report back to prisons. We are informed that
almost 90% of the prisoners who have been released
Justice R.C. Lahoti pointed out that the story highlights:
(i) Overcrowding of prisons;
(ii) Unnatural death of prisoners;
(iii) Gross inadequacy of staff ... which it
was pointed out, inter alia, that prison overcrowding compels
prisoners to be kept under conditions that are unacceptable in light
of the United
country consult the punitive tariffs
prescribed in the Penal Code, consult the prison period
awarded in practice for such offences and with marginal
variations mechanise ... methods lying in the legal
limbs may be re-activated. Our prisons are overcrowded, our
prisoners are subjected to iatrogenic incarceration, our
penal drills
Even convicts and
undertrials are entitled to basic human rights and overcrowded
prisons with waning resources, result in the violation of that
right. Convicts serving ... CROWDING OF PRISONS AS ON 30/11/2020
S.No Type of Number Prison Number Excess Percentage of
Jail Capacity of Overcrowding
Prisoners
1 Central
prisoners for
complete absence of any patient suffering from
coronavirus within the prisons and also for the
reason that the prisons are not overcrowded.
Moreover ... details furnished, 10338 prisoners were released on interim
bail/parole and presently 26,279 prisoners are in prison.
13
Since it was contended on behalf
conformity with the Prison Rules.
9. I further submit that Rule 867 of the Pondicherry Prison Rules provides that no prisoner in excess ... ward. However, during emergencies such as sudden influx of prisoners, overcrowding etc. the Superintendent of Jails may temporarily relax the minimum standard of accommodation
addressed by
former Chief Justice Lahoti. The four issues are: (i) Overcrowding in
prisons; (ii) Unnatural death of prisoners; (iii) Gross inadequacy of staff ... case may be of all prisoners, prison personnel and members of their families.
Paragraph 13.63 provides that overcrowding must be strictly avoided both
