Supreme Court passes an Order on open prisons

Supreme Court passes an Order on open prisons

Today, the Supreme Court passed an Order on open prisons, based on my Rajasthan report. In the Order’s reasoning part, the Court said, inter alia:

Learned amicus curiae has also submitted an application for directions in which it is prayed, inter alia, that the State Governments should take effective steps to set up open prisons in every district. He has made a reference to a study conducted by the Rajasthan Legal Services Authority on open prisons and a report prepared on its behalf by Ms. Smita Chakraburtty and the recommendations made by her on pages 27 and 28 of the report.

See pages 27, 28 and 29 of the Rajasthan Open Prisons Report below:

Subsequently, the Supreme Court issued three directives:

  1. The Ministry of Home Affairs will send a communication to the concerned authorities in the State Governments and Union Territories asking for their response to the idea of open prisons – whether they are willing to set up open prisons and the manner in which the open prisons could be operated.
  2. NALSA will also send a similar communication to the State Legal Services Authorities
  3. In the meeting that the Ministry of Home Affairs is directed to hold […], the Member Secretary, the Director of NALSA, learned amicus curiae and Ms. Smita Chakraburtty will also be invited,

Download the Supreme Court Order.