(Madan B. Lokur, Deepak Gupta and Hemant Gupta, JJ.)
Re-Inhuman Conditions in 1382 Prisons
(Report of Nalsa on Standard Operating Procedure For Under-Trial Review Committee)
IA 173194/2018 In Writ Petition(s) (Civil) No(s). 406/2013, decided on December 4, 2018
The Order of the court was delivered by
Order
1. Guidelines have been framed by NALSA called “The Standard Operating Procedure for Under-Trial Review Committees”.
2. These Guidelines are taken on record and the Under-Trial Review Committees will adhere to these Guidelines.
3. It has been stated by NALSA, as a background Note, that, as on 31.12.2017, the data received from different prison authorities indicates that the holding capacity of 1250 prisons in India is 3.78 lakhs and the actual inmates are about 4.19 lakhs. In other words, there is an excess of inmates over the holding capacity. In some prisons, overcrowding is to the extent of 150% of the holding capacity. The overcrowding is particularly acute in the States of Uttar Pradesh (182%), Uttarakhand (159%), Chhattisgarh (157%) and Maharashtra (144%).
4. We have been given to understand that the number of under-trial prisoners of this country constitutes more than 67% of the prisons’ population. Urgent steps are quite clearly and obviously necessary for the release of under-trial prisoners, if not for the early conclusion of their trial.
5. Under these circumstances, though NALSA has recommended for quarterly meetings to be held by the Under-Trial Review Committees, we direct that in the first six months of the year 2019, the Under-Trial Review Committees will meet once in a month to review the cases of under-trial prisoners and submit a report to the State Legal Services Authority. The reports will then be compiled and forwarded to NALSA.
6. The Guidelines be circulated to all the States/Union Territories, Director General of Prisons in all States/Union Territories and the State Legal Services Authorities.
7. Application stands disposed of.
———
