Overcrowding In Jails- Orissa High Court Directs Personal Appearance Of IG, Prisons; Calls For Long Term Plans On Consultative Basis

Dealing with a plea concerning the issue of overcrowding of jails, the Orissa High Court has recently directed personal appearance of Inspector General, Prisons of the State while issuing a direction that long term plans on consultative basis must be formed in order to deal with the issue.

A division bench comprising of Chief Justice S. Muralidhar and Justice S.K. Panigrahi also directed the IG, Prisons to file an affidavit updating the statistics and the exact numbers of inmates shifted from one jail to the other, or to some other suitable location.

"The Court also directs that on the next date the IG, Prisons shall remain present in virtual mode with the relevant records in his office as to answer any query concerning the said affidavit." The Court said.

While emphasizing that effective steps should be taken regarding decongestion of the present population in prisons, the Court also directed thus:

"The Court directs that rather than ad hoc measures which serve only the present needs, a long term plan to deal with the issue of overcrowding in prisons has to be drawn up on urgent basis and be placed before this Court before the next date. The plan be drawn up on a consultative basis involving all the important stakeholders and civil society groups actively engaged with these issues."

The Court took note of the two affidavits filed in the matter filed by IG, Prisons and State Government. According to the first affidavit, it was stated that as of 3rd June, 2021, 1239 inmates were shifted or were in the process of being shifted from overcrowded jails to less populated jails.

Subsequently, another affidavit was filed which stated that as on 7th July, 2021 the cases of 1376 prisoners were considered for shifting. 

"It is not clear from the latest affidavits what the impact of shifting 1376 prisoners is on the inmate population in each of the other jails i.e. one District Jail, one Special Sub-Jail at Bhadrak and eleven sub-jails. It is expected that the status should be updated on the website of the IG Prisons as of 31st July, 2021 to reflect the above figures." The Court observed at the outset.

On the aspect of female and male prisoners above the age of 60 years who are lodged inside jails, the Court took note of the affidavit filed by State Government which had accepted the suggestions made by amicus curiae regarding special consideration of such prisoners.

"Accordingly, a direction is issued to the State Government to place before the High Power Committee for the State of Odisha the suggestions of the AC contained in para 7 and 8 of the note submitted by him on 24th June, 2021 which has been accepted by the State in its affidavit dated 13th July, 2021." The Court ordered.

The matter will now be considered on 26 August.

Title: Krushna Prasad Sahoo v. State of Odisha and Others

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