New Delhi, Apr 22 The Delhi High Court on Wednesday asked the city authorities to chalk out a strategy to implement the Supreme Court's directives on developing a protocol for open correctional institutions and identify prisoners who can be transferred there.
A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia registered a PIL on the issue and asked the Delhi government to file an affidavit detailing the steps taken to ensure for compliance of the top court's order passed on February 26.
The court noted that as per the Supreme Court's direction, every state and union territory has to constitute a monitoring committee, headed by the executive chairman of the state legal services authority or his nominee, for the management of open correctional institutions (OCIs).
"Please apprise the home secretary that he should constitute the committee and that committee should meet and chalk out the specifics strategies to implement the order of the Supreme Court and make an assessment as to what is the position currently. You have to identify the prisoners who can be transferred to the open prison. All these things should be done. We are giving you two months," the court orally told the government counsel.
The bench listed the matter for hearing in July and sought a status report from the Delhi State Legal Services Authority.
The court stated that the monitoring committee has to oversee the utilization, functioning and expansion of the OCIs, and facilitate the timely identification and transfer of eligible prisoners from closed prisons to OCIs.
It added that the committee must also undertake a periodic review and address the systemic impediments in implementing the Supreme Court's directions.
The court made the Centre, Delhi government, prison authorities, DSLSA and the high court administration parties to the case and appointed senior advocate Arvind Nigam as amicus curiae.
In a bid to ensure that open prisons function as meaningful and effective institutions of reformation and rehabilitation, the Supreme Court on February 26 directed all states and Union territories to develop a time-bound protocol for filling up existing vacancies in OCI and open barracks.
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 convicts with society and reduce psychological pressure as they faced difficulties in leading normal lives outside.
Issuing a slew of directions, the top court said prisons are institutions of correction, where dignity, self-respect and social reintegration are not aspirational ideals but constitutional necessities.
It directed that all states and Union territories to take proactive and time-bound steps to expand open correctional infrastructure by establishing new OCIs, and creating open and semi-open barracks within existing closed prisons.
For effective compliance and monitoring, the top court directed all the high courts to register a suo motu writ petition for monitoring the compliance with the present judgment within their respective jurisdictions.
