'Pathetic, Jails Have To Be Livable': High Court Directs Punjab Govt To Carry Out Maintenance Works In Pathankot Sub-Jail Washrooms

Taking note of inspection report wherein washrooms in Pathankot's sub-jail were found to be in "pathetic condition", the Punjab & Haryana High Court has directed Punjab Government and the Additional Director General of Police (Prisons), to ensure that the maintenance work is carried out before the ensuing monsoon season.

The development came after the Court was informed about "dilapidated condition of the washrooms and barracks".

Acting Chief Justice G.S. Sandhwalia and Justice Lapita Banerji said, "the State has to take proactive steps as such to get the condition of the jails in a livable condition."

The Court was hearing Suo Moto cognizance on matter of two juveniles from Pakistan languishing in Juvenile even after they were acquitted in April 2023. Their case for repatriation was pending before Department of Directorate of Social Security and Woman and Child Development, Punjab.

In the present hearing the AAG of Punjab informed the Court that the two Pakistani juvenile prisoners have been repatriated to Pakistan through ICP Attari Road, Amritsar.

It was also pointed out that for the third juvenile prisoner, namely the counselor access was provided to him and the similar process of handing over is going on. The Punjab and Union Government assured that the efforts for repatriating the third juvenile will be completed by the next date of hearing.

A communication  addressed to ASG Satya Pal Jain, had also been placed on record to show that the process regarding repatriation of 30 Pakistan civil prisoners who have already completed their sentence and are currently lodged in Central Jail, Amritsar, is under active consideration with the Ministry of Home Affairs, (Foreigners Division) Government of India and necessary exercise would be undertaken with the consultation of all the stake holders.

The Court remarked that, "We are sanguine that effective necessary steps will be taken by the next date of hearing so that 30 Pak prisoners can be repatriated at the earliest since they have already completed their sentence."

Coming to the additional issue of pathetic jail conditions, the Court said, "During inspection, it was found that there were 278 inmates against the sanctioned strength of 280 and the washrooms attached with 8 Chakkar Ghars were in pathetic condition and there was seepage on all the walls and even doors of all the washrooms were decrepited."

"The seepage on the walls and ceiling of all the barracks was manifest and even washrooms were unkempt," it added.

Referring to photographs taken at the time of inspection, the bench said, "depicted dilapidated condition of the washrooms and barracks."

"The water pipes had burst due to the pressure of the water being supplied through submersible, which was the another difficulty being faced. The Water tank having capacity of 5000 or more gallons of water had to be constructed," the Court remarked.

The Jail Superintendent had put forth his limitation that "due to financial constraints, the maintenance work could not have been got done."

The Court also noted that on an earlier occasion in November, 2023 the Administrative Judge had also noticed the same and a repair estimate worth Rs.62.76 lacs had been prepared by the PWD "but nothing has been done thereafter."

In the light of the above, the Court directed the government to ensure that the maintenance work is carried out and sought a compliance report on July 11.

Nitin Mitto, Advocate, for the applicant in CM Nos. 3820-CWP-2024 and 3822-CWP-2024 (through v.c.)

Avnish Mittal, Addl. Advocate General, Punjab.

Dheeraj Jain, Senior Panel Counsel for Union of India.

Court on its own motion Versus State of Punjab and others

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