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Pulls Up State for Failing to Assess Prisons for Open Correctional Infrastructure
A division bench of the , comprising Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit, on , strongly criticized the State Government for its failure to comply with the 's directions regarding the expansion of . The Court termed the government's approach "laid back" and directed immediate compliance by .
A Missed Deadline
The case arises from a proceeding initiated by the High Court to monitor the implementation of the 's judgment in , delivered on . That judgment directed all state governments to conduct a comprehensive assessment of their prison infrastructure within three months—by —and prepare for establishing new OCIs and creating open or semi-open barracks within existing closed prisons.
During a hearing on August 26, the High Court reviewed the minutes of the
's meeting held on
. Instead of submitting the required assessment and action plan, the committee had resolved to first conduct a
"detailed study of OCI in those States, where it is already functioning,"
including Telangana and Rajasthan. The court found this approach to be a clear deviation from the
's mandate.
The Court's Frustration
The High Court expressed dismay that the state government had not even begun the assessment process.
"Unfortunately, the State Government has not done any assessment of the type directed by the
or made any action plan within the time frame indicated by the
… and has instead proposed a study of Open Correctional Infrastructure in other States,"
the bench observed.
The judges noted that the
had expressly required that the action plans include
"timelines, budgetary provisions and capacity targets"
and be placed before the
within three months of the judgment. The State's proposal to study other models would only cause further delay.
"This is unfortunate. The necessary speed and urgency with which the matter requires to be considered seems lacking. Such a laid back attitude is not warranted,"
the High Court remarked.
The bench also pointed out that information from other states could be obtained online, and that a physical study was unnecessary for preparing the required plans.
What Did the 's Judgment Require?
The , in its landmark ruling, directed that all states and union territories must:
- Conduct a comprehensive assessment of prison infrastructure within three months.
- Identify suitable locations for new OCIs.
- Identify closed prisons where open or semi-open barracks can be created without compromising security.
- Prepare separate with clear timelines, budgetary provisions, and capacity targets.
- Place those action plans before the respective state monitoring committees within three months.
The made it clear that these were , not optional guidelines.
A Firm Deadline
In its order, the High Court directed the respondents—the , through its Home Department and the —to ensure full compliance with paragraph (E) of the 's judgment by . The matter has been listed for further hearing on .
Key Observations from the Bench
-
"The necessary speed and urgency with which the matter requires to be considered seems lacking. Such a laid back attitude is not warranted."
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"The State Government has not done any assessment of the type directed by the or made any action plan within the time frame indicated by the ."
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"It is not open to the State Government to now commence the making of a study of Open Correctional Infrastructure in other States as that will delay the implementation of the directions unduly."
The High Court's strong rebuke underscores the judiciary's insistence on timely implementation of prison reforms, even as states grapple with resource constraints. The September deadline now puts the onus squarely on the Tripura government to act swiftly.
