RANJIT SINGH PATHANIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Initiation of instant suo motu proceedings by this Court is aimed at improving the conditions of jails in the State of Rajasthan. Notices of the petition were ordered to be issued to as many as seven respondents namely; (1) The State of Rajasthan through its Additional Chief Secretary, Home Department, Government of Rajasthan, Government Secretariat, Jaipur; (2) The Principal Secretary to the Government, Finance Department, Government of Rajasthan, Government Secretariat, Jaipur; (3) The Principal Secretary to the Government, Medical and Health Department, Government of Rajasthan, Government Secretariat, Jaipur; (4) The Secretary to the Government, Department of Technical Education, Government of Rajasthan, Government Secretariat, Jaipur; (5) The Director General of Police (Prisons) State of Rajasthan, Jaipur; (6) The Director, Local Bodies and Local Self Department, Government of Rajasthan, Jaipur and (7) The Deputy Director General, National Informatics Center, Government Secretariat, Jaipur. We are informed that administrative department of I.T.I.'s is now named as Skill, Planning and Entrepreneur Department, Government of Rajasthan, Government Secretariat, Jaipur. We, therefore, implead Secretary, Skill, Planning and Entrepreneur Department, Government of Rajasthan, Government Secretariat, Jaipur and Principal Secretary, Public Works Department, State of Rajasthan, Jaipur as party respondents No. 8 in this petition.

(2.) This Court by a detailed and comprehensive order passed on 14.03.2014 indicated specific areas, viz. Sanitation, Food, Health Care, Recreational Activities, Educational Activities, Vocational Activities, Infrastructure and Welfare, for improving the conditions of jails in the State of Rajasthan. In order to comprehend the magnitude of the problem and ascertain the situation prevalent in the Jails, this Court in the first instance, directed District and Sessions Judges as well as Chief Metropolitan/Judicial Magistrates posted at Divisional Headquarters of the State, viz. Jaipur, Jodhpur, Udaipur, Ajmer, Bikaner, Kota, Bharatpur, where the Central Jails are located, to make sudden inspection on any day within next six weeks and privately interview as many prisoners as they may consider necessary and submit their report to this Court. Reports of inspection carried out in all seven Central Jails indicate pathetic and sub-human conditions in which the prisoners are made to stay, especially in regard to sanitation, quality of food, infrastructure, vocational and recreational activities. When the matter was listed before the Court on 10.12.2014, copies of reports of inspection of various Central Jails carried out by District & Sessions Judges were ordered to be provided to learned Additional Advocate General with direction to file affidavit of Additional Chief Secretary, Home, Government of Rajasthan on all such aspects.

(3.) Various compliance reports supported by the affidavits have been filed even thereafter. Additional Chief Secretary, Home Department, State of Rajasthan in his detailed affidavit filed in response to the order dated 28.01.2015, produced on record several documents showing the steps taken by the State to improve the conditions of the jail in the State of Rajasthan. Another affidavit was filed by him on 12.03.2015. Thereafter, yet another affidavit was filed by the Additional Chief Secretary, Home Department, State of Rajasthan on 21.04.2015 detailing out further steps taken by the State to improve the conditions of the jails in the State of Rajasthan. Affidavit was also filed by Executive Engineer, Directorate, Local Bodies, Rajasthan, Jaipur on 07.07.2015 followed by his another affidavit filed on 20.11.2015 regarding cleanliness of the jails. Deputy Superintendent, Jail Headquarter, Jaipur has also filed one more affidavit on 21.11.2015 placing on record subsequent developments.