Pass specific directions to states on jail reforms: Govt to Supreme Court

The Centre today urged the Supreme Court to pass "specific directions" to states to conform with the orders on jail reforms, including overcrowding of prisons and improving the living conditions of prisoners.

Attorney General K K Venugopal, appearing for the Centre, told a bench of Justices Madan B Lokur and Deepak Gupta that if specific directions were passed, the states would have to comply with it, otherwise they would be guilty of not adhering to the apex court's order. He argued that the apex court could take up the prison reforms issue in six or seven states at a time and pass specific directions to them after hearing the matter.

"This court should issue specific directives to each state. If that (court's direction) is not done, they (states) will be guilty of not complying with your orders," he told the bench, adding, "you can consider listing the matter of three states at a time. The Union of India will be there". However, the bench said, "there would be some problem in this. If we will take matters of three-four states at a time, it will take time."

"That would not be possible. There are a number of cases here. If we are going to take 3-4 states at a go, it will take time," the bench said, after which Venugopal said the court could take up the matters of seven states at a time. The apex court also referred to various other Acts passed by Parliament and said these have to be implemented. "There are laws made by Parliment which have been discussed and debated. They have passed the law. These have to be implemented," the bench said. The court said it was dealing with the issue of prison reforms which have four aspects -- overcrowding in jails, unnatural deaths in prisons, training of staffs employed there and filling up of vacancies.

It said it has already passed general directions so far as the aspect of overcrowding in prisons was concerned and it would decide on the remaining three issues. "We will consider this (on passing specific directions to states), but first finish this aspect of unnatural deaths," the bench said and posted the matter for hearing on August 22. The top court had earlier asked the Centre and all states to implement its directions on prison reforms.

Earlier, the court had pointed to the "huge discrepancy" in expenses incurred on jail inmates by various states and had asked the Ministry of Home Affairs to come out with a scheme to audit the accounts of jails across the country with the assistance of the Comptroller and Auditor General. As per the data, the expense per inmate in jails in Bihar was Rs 83,691 per annum, while that in Rajasthan was only about Rs 3,000 per annum. Similarly, in Nagaland, it stood at about Rs 65,468 per annum, while in Punjab, it was around Rs 16,669, it had noted.

It had taken note of staff crunch in the prisons as the sanctioned strength of jail officers and staff as on December 31, 2014 was 79,988, out of which the actual strength stood at only 52,666. The bench is hearing a 2013 PIL on the inhuman conditions prevailing in 1,382 prisons across the country.