'Not Enough Place To Sleep In Prison': Thane Central Jail Opposes Inmate's Plea In Mumbai Court To Provide Cot & Mattress

Based on the report, a special court refused relief to Nationalist Congress Party (NCP) leader Ramesh Kadam imprisoned in an anti-corruption case. Kadam was seeking a cot, mattress and pillow citing a spinal cord pain.

In response, the Superintendent of Thane Central Jail informed the court that the Chief Medical Officer didn't recommend such facilities for him.

The report stated that despite the capacity of just 1105, there were 4553 prisoners in Thane prison. "Since, there is rise in the numbers of prisoners, demands of each individual prisoner cannot be provided...The prisoners are not getting enough space to sleep and so also police guards are not available to produce the accused in Court and hospital."

It added that prisoners are always unhappy because of the persisting situation, often file complaints with superior officers and have attempted suicide.

"Because of the same, 22 prisoners are on protest, 14 male and female prisoners have attempted to commit suicide, consumed medicines unnecessarily, climbing on trees and building terrace and trying to commit suicides," the report said.

Kadam had submitted that since 2018 he has severe pains in spinal cord. This has caused shoulder, knees and neck pain as well. This has happened because he has to sleep on the floor of the jail.

However, the Superintendent in his report stated that there are no rules in the Maharashtra Prisons Manual, 1979, to provide cot, mattress and pillow to the accused. The situation due to overcrowding was so bad that prisoners have been allowed to sleep in the balcony.

The counsel for the applicant submitted that no inconvenience would be caused to other inmates as the accused is kept in a separate barrack.

In the order, the court acknowledged the overcrowding of prisons and said that the cot and other amenities can only be provided in exceptional cases.

"Undoubtedly, the prison is flooded with the inmates. It is not possible to provide cot, mattress and pillow to each of the inmates save as in exceptional cases," the court said.

However, it added that Kadam has not made out a special case as per the report of the CMO. Hence, the application was rejected.

Case no – Application Exhibit­ 783 in ACB Special Case No.104 of 2015 @ 108 of 2015

Case Title – The State of Maharashtra v. Ramesh Nagnath Kadam

Coram – Special Judge R. N. Rokade