Supreme Court Directs All States/UTs To Furnish Data On Vacancies In Prison Staff Posts

The Supreme Court today called on States/Union Territories in the country to furnish cadre-wise information on the strength of officers and staff meant to take care of exigencies in jails. Further, the Court sought information on the number of vacancies (in jail posts) and whether any steps have been taken, or are underway, to fill-up those vacancies.

A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order, while dealing with the matter pertaining to overcrowding of prisons in India. Time of 8 weeks has been granted to the states/UTs to file the requisite affidavits.

While issuing the aforesaid directions, the Court took into account its earlier order dated 27.03.2018, where it was observed that large number of posts in jails remain vacant. As per this order, the all-India figure (as on 31.12.2017) indicated that out of total strength of prison staff ie 77,230, there existed 24,588 vacancies.

Relating under-staffed jails with difficulties suffered by prisoners, the Court said,

"When the jails are overcrowded and the prisons are under-staffed, it is bound to escalate the difficulties for the convicts and the undertrials lodged in the jail. While it may not be feasible for the government to fill-up all the sanctioned jail vacancies, it would be necessary for this court to obtain information on the total cadre strength and also the number of vacancies in the jails/correctional homes in the country."

Considering the case of 5 undertrials in states of UP and Bihar, in whose respect bail order was passed but apparently the benefit did not fructify, the Court further directed the state legal services authority of states/UTs to depute lawyers to visit undertrials in prisons and render legal assistance.

"To ensure immediate release of these 5 undertrials and other similarly situated undertrials in other parts of the country, the concerned state legal services authority should depute lawyers from their panel who may visit the undertrial and render legal assistance for their early release."

The Court also said that the Undertrial Review Committee which is functioning in each state/UT should continue to monitor the status of the undertrials in the jails within their jurisdiction. "There must be pro-active effort to ensure liberty of the individual prisoner, as was emphasized by this court on 22.10.2024 and on 19.11.2024", noted the order.

The order was preceded by the submission of Senior Advocate Gaurav Aggarwal (acting as Amicus) that on 03.12.2024, he had a meeting with Member Secretary and Director, NALSA, wherein deliberations were made on the large number of vacancies of jail staff in the country.

It is worthwhile to mention that in the present case, the Court had earlier held that Section 479 of Bharatiya Nagarik Suraksha Sanhita (BNSS) would apply retrospectively to undertrials across the country. To this effect, it had called upon the superintendent of jails across the country, where accused persons are detained, to process their applications through the concerned courts upon completion of the maximum period of detention. The order added that the steps be taken as expeditiously as possible and preferably within three months.

Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013 

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