Uttarakhand High Court Issues Press Note On Steps Taken For Jail Reforms In State

The Uttarakhand High Court has released a Press Note highlighting the significant steps taken towards implementing crucial Jail reforms in the State through Public Interest Litigation (PILs) aimed at providing equitable treatment to prisoners following the constitutional mandate enshrined under Article 21.

“In an exceptional display of judicial vigilance and humanitarian concern, the Division Bench of the High Court of Uttarakhand, comprising the Hon'ble Chief Justice Ms. Ritu Bahri and the Hon'ble Justice Rakesh Thapliyal, has embarked on a transformative journey to bring about crucial jail reforms in the state. Through the initiation of two suo motu Public Interest Litigations (PILs) and the continuation of an ongoing PIL, the Court has demonstrated a profound commitment to the welfare, rights, and dignity of prisoners, emphasizing equitable treatment and adherence to constitutional principles.”, the Press Note states.

The Press Note has highlighted four instances where the High Court demonstrated a profound commitment to the well-being of the inmates.

Firstly, it mentions the achievement of zero death reference cases pending in the High Court. At the beginning of the year 2024, there was a total of 11 death reference cases pending in the High Court, however, due to concerted efforts of the Bench and the Bar, the High Court has successfully disposed of all the above Death Reference cases. Now, there is no Death Reference case pending before the Uttarakhand High Court.

Secondly, it mentions about the First Suo-Moto PIL where the Bench led by Chief Justice Ritu Bahri took a pivotal step to address the plight of prisoners eligible for premature release but still languishing in jails. This PIL was instituted following the inspection report of Sitarganj Jail, shedding light on prisoners who have completed 14 years of their sentence and are eligible for release under "The Uttarakhand State (For Sentence Pardon/Premature Release of Convicted Prisoners Punished with Sentence of Imprisonment for Life by the Court) Permanent Policy, 2022."

Upon examination, the Court was provided with a comprehensive list of 204 convicts across Uttarakhand eligible for release.

Out of 204 convicts, the recommendation for the release of 74 convicts was forwarded by the authorities, whereas the Court also ordered the release of 71 convicts who were not found eligible for premature release.

The writ petition was disposed of with a direction to the respondent state to re-evaluate all inmates' cases in accordance with the observations made by the Court in this judgment. This must be done after following the due process of law and diligently examining the 2022 Policy to ensure that justice is served without delay or hindrance.

Thirdly, it mentions about Second Suo-Moto PIL about the appalling conditions of overcrowding in District Jail Nainital, where prisoners were found to be housed in numbers far exceeding the facility's capacity. This PIL, initiated after an inspection of Nainital Jail, brought to the forefront the systemic issues affecting the fundamental rights of the inmates.

In light of the Supreme Court's decision passed in Hussainara Khatoon and others Vs. Home Secretary, State of Bihar (1980), the High Court directed the State Government to submit a status report regarding the detention of those who have been unable to secure release even after getting bail due to non-functioning surety bonds all over the State. Also, the court directed the District Legal Services Authorities (“DLSAs”) to hire Advocates for the undertrials languishing in jail due to their inability to submit personal bonds to be released on bail.

Out of 27 undertrials who could not be released on bail because they had not given their bail bonds, the Court was informed on Oct. 1 that 25 undertrials were released on personal bonds, while the remaining two have been convicted.

Fourthly, it mentions the third case that showcases the unwavering commitment to ensuring the economic welfare of prisoners engaged in labor within jail premises, where the court has directed the State to consider the issue of providing equitable wages to prisoners engaged in labor within jails, in response to a Public Interest Litigation (PIL).

The PIL addressed the lack of compensation for prisoners working under rigorous conditions and brought to light the non-payment of wages to prisoners engaged in labor in several jails across the state, including Sitarganj Jail, where inmates work on a 450-acre farm without remuneration.

Relying on the Supreme Court's case in the State of Gujarat & another vs. Hon'ble High Court of Gujarat, (1998), which specifically addressed the status of prisoners engaged in labor, the Court formed the Committee tasked with seeking detailed reports on the nature of work performed by inmates, to revise their wages appropriately.

The Press Note records that “This unprecedented achievement demonstrates the commitment of the Court towards ensuring speedy and effective delivery of justice for the victims and their families. The High Court remains committed to upholding the principles of justice and efficiency in its judicial process. These judicial initiatives spearheaded by the Hon'ble the Chief Justice Ms. Ritu Bahri reflect an earnest endeavour to transform the prison system in Uttarakhand. The interventions made by the Court aim not only to uphold the fundamental rights of prisoners but also to bring about systemic changes that foster a humane, just, and rehabilitative environment within jails.”