SC directs petitioner to make representation before state governments on plea over open or semi-open prisons

The Supreme Court has directed the petitioner to make a detailed representation to the concerned States with his suggestions on uniform procedure or policy for open prisons or semi-open prisons. A bench of justices MR Shah and Justice Krishna Murari directed petitioner and advocate Kanhaiya Singhal to make detailed representation to the concerned States making suggestions and requesting to have uniform procedure and policy for open prisons and semi-open prisons.

The court also directed the concerned state government that when such representation with suggestions is made, the concerned States will look into the same and take appropriate decisions in accordance with law and on its own merits, and whatever the best modalities are found, the same may be implemented.

The court said that it cannot be disputed that the prison is a State subject and the concerned States have to take a call or take policy decisions even with respect to the open prisons and semi-open prisons and the modalities to be worked out for the purpose of granting the benefit of open prisons and semi-open prisons."

No straight jacket formula can be followed, as every State would have different problems including the availability of the land etc. However, we appreciate the concept of open prisons/semi-open prisons," the court said.

The court was hearing public interest litigation filed by advocate Kanhaiya Singhal through his lawyer Anisha Agarwal and Vani Singhal. The petition has sought direction from the Centre to invite all the States and Union Territories for formatting a Uniform Open Jail, Open Prisons, and Semi-Open Prisons Rules Manual throughout the country within a prescribed period of time as fixed by the court. The petition also sought direction from the respondents to amend their prison policy, rules, and regulations by removing the discriminatory provisions of induction of prisoners into Open Prisons, Semi-Open Prisons on the basis of age, gender, or residential status.

The petition also sought to direct the looks, marital status, parentage, the State in which the offense has been committed; respondents to mandatorily maintain Open Prisons, Semi-Open Prisons at the District Level of each State, and at least one Open Prison, Semi-Open Prison in each Union Territory.

The petition also sought to constitute a committee headed by a Retired Judge of the top Court and comprising of at least two retired Chief Justices, Judges of High Courts of our country, and two eminent persons having experience in Prison Reforms, to screen the Open Prisonand Semi-Open Prisons rules, regulations, and the policy being followed in various States and Union Territories of Country and make appropriate suggestions for the Uniform Prisons Policy regulating Open Prisons and Semi-Open Prisons