The
Supreme Court has directed several states and Union Territories (UTs) to
provide complete information with regard to the functioning of open prisons
within four weeks.
Semi-open
or open prisons allow convicts to work outside the premises during the day to
earn a livelihood and return in the evening. The concept was introduced to
assimilate the convicts with society and reduce psychological pressure as they
faced difficulties in leading normal lives outside.
A bench of Justices B R
Gavai and K V Viswanathan was informed by senior advocate K Parameshwar, who is
assisting the top court as an amicus curiae in a matter related to congestion
in jails, that several states and UTs have not yet filed their responses.
The
bench noted that states and UTs like Delhi, Himachal Pradesh, Madhya Pradesh
and Punjab have not yet submitted the qualitative/quantitative charts despite
circulation of a questionnaire seeking information in respect of the status and
functioning of open correctional institutions and whether such institutions
exist within their jurisdiction.
"We,
therefore, direct that all the States/Union Territories, which have not yet
filed their response, to file complete response within a period of four weeks
from today," the bench said in its order passed on August 20.
It
said the states and UTs, which have not given complete information, shall also
ensure compliance within four weeks.
"We further clarify
that if any of the state governments or Union Territories do not respond in
terms of the orders passed by this court, we will be compelled to direct the
presence of the chief secretary of the states/Union Territories concerned
before this court," the bench said and posted the matter for further
consideration after four weeks.
The
apex court noted that on July 15, it had directed the chief secretaries of
various states and UTs to submit their responses on the issue of open jails.
The
amicus told the bench that states and UTs of Gujarat, Haryana, Jammu and
Kashmir, Maharashtra, Manipur, Nagaland, Telangana, Uttar Pradesh, Dadra and
Nagar Haveli, Daman and Diu, Lakshadweep, Puducherry and Ladakh, have not filed
their responses yet.
While
hearing the matter on May 9, the apex court had observed that establishing open
jails can be one of the solutions to overcrowding and also addressing the issue
of rehabilitation of prisoners.
In
its May 17 order, the bench had noted the submission of the amicus that a model
draft manual has been prepared by the Union of India where the nomenclature
'open correctional institutions' is used for such facilities.