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2026 Supreme(Online)(Tri) 386

HIGH COURT OF TRIPURA
M.S. Ramachandra Rao, CJ, Biswajit Palit, J
Court on its own motion – Appellant
Versus
State of Tripura – Respondent
Suo Moto WP(C) No.01 of 2026



Advocates:
For the Appellants/Petitioners: XXXX
For the Respondents: S M Chakraborti, Pinki Chakraborty

The State cannot delay the implementation of Supreme Court directions regarding the expansion of Open Correctional Infrastructure (OCI) by substituting mandatory assessments and action plans with a study of other states.

Headnote:(A) Prison Reforms - Open Correctional Infrastructure (OCI) - Compliance with Supreme Court directions - Failure of the State to conduct a comprehensive assessment of prison infrastructure and prepare time-bound action plans within the stipulated period is an unacceptable delay. (Para 11-14)

(B) Administrative Diligence - Implementation of Judicial Mandates - The proposal to conduct a study of other states cannot be used as a justification to delay or substitute the mandatory directions issued by the Apex Court. (Para 15)

Issues: Whether the State of Tripura complied with the Supreme Court's directions regarding the expansion of Open Correctional Infrastructure.

Order

We have perused the minutes of the meeting held on 22.06.2026 by the State Level Monitoring Committee.

The minutes of the said meeting indicates that the following was proposed in the said meeting:-

“2. After a thorough and thoughtful deliberation, the Committee comes to following observations / resolutions:-

(i) It is resolved to undertake a detailed study of OCI in those States, where it is already functioning. In this regard, States like Telangana, Rajasthan, etc. are worth mentioning.

(ii) The Committee is of unanimous opinion that there is necessity to ensure special precautionary measures while establishing OCI in the State of Tripura, considering its special geographical location, sharing of International boundary with Bangladesh, easy access to international corridors, etc.

(iii) It is informed by the Additional Secretary, Home Department that the government is already in active consideration for the establishment of OCI in the State of Tripura.

(iv) It is further informed that the State Government has to make provision for huge expenses, which are likely to be incurred in establishment of OCI from its available limited resources and therefore, government would be considering the establishment of OCI in a phased manner in the light of the direction issued by the Hon'ble Supreme Court of India.

(v) The committee is well aware and conscious that the High Power Committee has been mandated by the Hon'ble Supreme Court of India to formulate Common Minimum Standards, various guidelines, etc. and upon completion of necessary assessment by the High Power Committee, as laid down in the Judgment, each State and Union Territory has to prepare separate, time-bound action plan in accordance with the directions in the Judgment.

(vi) It is therefore, decided to proceed with the matters requiring guidelines/clarifications from the High Power Committee only after receiving of suitable instructions therefrom.

(vii) It is however, decided that the matters requiring immediate compliance shall be done with priority and further, the Home Department along with the I.G. Prisons, shall initiate the preparatory work, like collection of complete data and information of the existing prisons in the State, for future course of action.

The meeting ended with thanks to the Chair.

(emphasis supplied)

It appears that though the copy of the judgment of the Supreme Court in Suhas Chakma vs. Union of India and others , WP(C) No.1082/2020 dt.26.02.2026 was communicated by the Supreme Court itself to all the State Governments through the Chief Secretaries and also the Director General/ Inspector General of Prisons of all States, and would have reached the State of Tripura and its Director General/ Inspector General of Prisons also, the State Government appears to have not noticed that the Supreme Court in its judgment at para E., page 127 has directed the following:-

E. Expansion of Open Correctional Infrastructure

(i) All States and Union Territories shall, in addition to optimally utilising existing OCIs, take proactive and time-bound steps to expand open correctional infrastructure by

(a) establishing new OCIs, and

(b) creating open and semi-open barracks within existing closed prisons, wherever feasible.

(ii) Each State and Union Territory through its Prisons and Correctional Services Department shall undertake a comprehensive assessment of its prison infrastructure within a period of three months from the date of this judgment to:-

a. identify locations suitable for the establishment of new OCIs;

and

b. identify closed prisons where open or semi-open barracks can be created without compromising safety or security.

(iii) Upon completion of the aforesaid assessment, each State and Union Territory shall prepare separate, time-bound action plans clearly indicating timelines, budgetary provisions and capacity targets for:-

a. the establishment of new OCIs and/or expansion of existing OCIs; and

b. the creation and operationalization of o

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