Overcrowding In Prisons: Calcutta HC Seeks State's Response On Status Of Mentally Ill Inmates, Non-Functional Jail Administrative Bodies

The Calcutta High Court on Friday directed the State government to file a detailed affidavit stipulating the status of prisoners with regards to the following concerns- overcrowding in prisons, mental health problems faced by prisoners, and the issue relating to non-functioning of bodies and filing up of vacant posts in prisons across the State.

The Court directed such an affidavit to be filed before the next date of hearing which is slated to take place on March 7. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon a suo-moto case (In re: Overcrowding in prisons) dealing with the issue related to the manner in which Terminally Ill Prisoners (TIPs) are required to be dealt with. The suo moto case was registered pursuant to a directive issued by the Supreme Court in 2018 the case of Re: Inhuman Conditions in 1382 Prisons. 

Earlier, the Court vide order dated January 8, 2021 had directed State Government to hand over  33 Terminally Ill Prisoners (identified by it in its affidavit dated October 9, 2020) to their next of kins so that they can be nursed and extended due comfort at their respective homes. 

On Friday, the Bench took on record a status report filed by the State government with respect to the same. The Bench was informed by Advocate General S.N Mookherjee that as of January 10, 2022, out of the 33 Terminally Ill Prisoners identified, all have been released to undergo home imprisonment except 2 such prisoners. One of them is not willing to undergo home imprisonment and the other has not been released pursuant to an order of a District and Sessions Judge.

However, the Bench noted that the report filed was is not in the form of an affidavit and thus directed the AG to file an affidavit in this regard before the next date of hearing. 

During the proceedings, the counsel appearing for the intervenor NGO apprised the Bench that contrary to the State government's submissions, only 16 Terminally Ill Prisoners have been released and the rest are still lodged in prisons. Furthermore, advocate Joveria Sabbah appearing for one of the petitioners submitted that pursuant to replies to RTI applications, it has been noted that 16 Terminally Ill Prisoners are still lodged in correctional homes. 

Accordingly, the Court directed the State government to undertake a fresh exercise to find out the current status of Terminally Ill Prisoners lodged in prisons across the State and duly file a fresh report in this regard before the next date of hearing. 

The Court further directed the concerned counsels to submit whatever information they have gathered to advocate Sabyasachi Chatterjee, the amicus curiae in the instant case. The amicus curiae was directed to duly compile the same and forward it to the Advocate General. 

Furthermore, the counsel appearing for the intervenor NGO apprised the Court that in Maldah although the concerned prison can only accommodate 300 prisoners, at present nearly 1100 prisoners are lodged there. 

Taking cognsaice of the grievance raised, the Bench directed the Advocate General to look into the issue. 

Case Title: The Court in its own motion: In re: Overcrowding in prisons [WPA 7252 of 2018 With WPA 4510 of 1997 With WPA 5440 of 2020 IA No. CAN/1/2020 (Old No. CAN 3147 of 2020) With WPA 8573 of 2018]