IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWPIL No. 31/2011 Decided on:9.11.2011 _____________________________________________ Court on its own motion. …Petitioner. Versus State of H.P. and others. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 For the petitioner : Mr. Onkar Jairath, Amicus Curiae. For the Respondents: Mr. Ankush Sood, Addl. A.G. for respondents No.1 to 3 and 5 to 7. Mr. Neel Kamal Sood, Advocate for respondent No.4. _____________________________________________________ Justice Rajiv Sharma, Judge (oral). The Court has taken suo moto cognizance of the jail inspection reports of the District Judge, Sirmaur dated 30.5.2011 and 19.6.2011. Since questions of great public importance have been raised, we have widen the scope of the petition in order to mitigate the hardship faced by the inmates of jails in the State of Himachal Pradesh due to over crowding, lack of basic facilities, including vocational training etc. Learned District Judge has highlighted the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 issue of over-crowding, lack of basic facilities in the open air jail, Nahan, including inadequate supply of water, bad condition of dispensary, white washing and minor repairs, providing new television sets, inadequate escort staff etc. 2. Respondents have filed detailed reply. It is averred in the reply that construction work of newly constructed block has been carried out and completed as per norms/guidelines laid down in the Modernisation of Prisons Scheme. It has become functional with effect from 24.10.2011. The authorized capacity of Model Central Jail Nahan, District Sirmour now has increased from 218 to 344. The Government has only approved deployment of 15 Home Guards at Model Central Jail Nahan, District Sirmour on call out duty basis. This arrangement is temporary till regular posts of Warders are filled up. It is also stated in the reply that the proposal of shifting of Sub Jail/Borstal Jail out of Mandi town and construction of New Model Central Jail is under process. Similarly, there is a proposal to open ‘an open air jail’ in Sub Jail, Solan. Sub-Jails Una and Chamba are under construction. The inmates of Model Central Jail, Nahan have already been supplied with 5 television sets and for remaining 5 television sets, the matter is under consideration. The issue, concerning white wash and minor repairs of 3 barrack Nos. 3, 4 and 5 and broken toilet seat of room No.5, has been taken up with the Executive Engineer, HIMUDA, Parwanoo, District Solan by the Superintendent, Model Central Jail, Nahan. The issue regarding inadequate supply of water has also been taken up with the Executive Engineer, Irrigation and Public Health Department, Sirmaur at Nahan by the Superintendent, Jail. The issue, regarding bad condition of dispensary of Model Central Jail, Nahan, has been taken up with the executing agency, i.e. S.I.D.C., Sirmaur at Nahan and necessary funds have already been deposited by the Prisons Department with the agency. The matter, regarding inadequate escort staff at Model Central Jail, Nahan, District Sirmaur for escorting ailing jail inmates to various hospitals of the State, was taken up with the Director General of Police, Himachal Pradesh and necessary directions in this regard have already been issued to the Commandant 1st Battalion, Junga, District Shimla to provide staff to Superintendent of Police, Sirmaur for prisons escort duty at Nahan Jail. The Superintendent, Model Central Jail Nahan, District Sirmaur has also taken up the matter with the Superintendent of Police, Sirmaur at Nahan. The estimate 4 for proper/pucca construction of nullah has been prepared by HIMUDA. 3. We appreciate the steps already taken by the administration to mitigate the hardship faced by the inmates of the Model Central Jail, Nahan. However, in order to expedite the proposals already initiated by the respondents, following mandatory directions are issued to various agencies: i) Respondents are directed to fill up the posts of Warders in Model Central Jail, Nahan within a period of six months from today, after completing all the codal formalities; ii) The process, i.e. completion of building plans and structural design for constructing new Model Central Jail, Mandi be completed within three months from today and thereafter the Model Central Jail be constructed within a further period of three years to reduce over-crowding in jail; iii) The proposal to open ‘an open air jail’ in Sub Jail, Solan be also processed and concrete steps be taken for opening ‘an open air jail’ in Sub Jail, Solan within a period of one year; iv) The construction of Sub Jails, Una and Chamba be expedited and the same be completed within a period of six months from today; v) The Executive Engineer, HIMUDA, Parwanoo is directed to take steps for white washing and minor repairs of barrack Nos. 3, 4 and 5 and change of broken toilet seat of room No.5 of Model Central Jail Nahan within a period of one month from today; vi) The Executive Engineer, Irrigation and Public Health, Sirmaur at Nahan is directed to ensure 5 adequate supply of water to Model Central Jail, Nahan within a period of three weeks from today; vii) Respondents are directed to provide remaining five television sets to the Model Central Jail Nahan within a period of one month; viii) The executive agency, i.e. S.I.D.C, Sirmaur at Nahan is directed to renovate the dispensary of Model Central Jail, Nahan within a period of three months from today; ix) The Director General of Police, Himachal Pradesh is directed to ensure deployment of sufficient number of escort staff for escorting ailing jail inmates to various hospitals lodged in Model Central Jail, Nahan; and x) HIMUDA through its Executive Officer is directed to undertake work of pucca construction of Nullah near the Model Central Jail, Nahan within a period of six months from today. 4. Learned Additional Advocate General is directed to inform, in writing, all the executing agencies to whom the mandatory directions have been issued for due compliance. 5. Accordingly, in view of the issuance of mandatory directions hereinabove, the present petition is closed. No costs. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. 9.11.2011 *awasthi*