JAIL REFORMS COMMITTEE Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) Rule D.K. Trivedi waives service of the rule.

(2.) From time to time grievances are received from prisoners in the various prisons of the State regarding various matters such as conditions of work and conditions of living including food and clothing and in order to rationally deal with these problems three Judges of this Court volunteered their honorary services to visit the jails on non-sitting days, to contact the prisoners and the staff in order to apprise themselves of the condition under which prisoners work and to record their observations in the form of a report. On the report being made available a copy has been given to the State Government and their response invited. There is no dispute about the facts mentioned in the report. We had a very elaborate discussion point by point about the matters mentioned in the report with the Government counsel Shri D.K. Trivedi duly instructed by a senior Officer of the Home Department. The attitude of the Government was quite co-operative and highly reasonable in that they expressed their willingness to pass orders with regard to matters which did not involve financial commitment while they wanted further time to examine matters which did involve financial commitment. In this background and perspective we have examined the several matters mentioned in the report and in regard to almost all of them it has been either agreed that the Government will carry out the suggestions in the report or agreed that the Government will consider the matter in due course, The understanding so reached was recorded simultaneously. That forms appendix to this judgment, a copy of which was supplied to the State Government and it is agreed that it reflects the understanding reached at the discussions at the Bar.

(3.) It is agreed that whatever has been agreed to as accepted by the Government will be implemanted within a period of two months from today for which appropriate orders of Government would also be passed by that time. Whatever has been agreed to be considered will be considered in due course as such consideration may need question of examination of financial commitment and other matters. Therefore we are not fixing any time limit with regard to those matters. Then there in only question which is left over, a matter on which there is certainly some financial commitment, though according to us that should not be material. That is the question of wages to be paid to the prisoners.