New Delhi, Delhi High Court has rejected a PIL (PIL seeking guidelines for the release of undertrial prisoners in view of overcrowding in jails).
A bench headed by Acting Chief Justice Manmohan said the issues raised by petitioner Gautam Kumar Laha are already being considered by the Supreme Court and there is no reason to consider it.
"We are satisfied that since the issues raised by the petitioner in the present petition are directly pending before the Supreme Court in W.P. (C) 406/2013 and are being monitored, we have to entertain the present petition. No reason is found to entertain the same. Accordingly, I dismiss the present petition,” the bench, also comprising Justice Manmeet PS Arora, said in its April 24 order.
Counsel for the petitioner argued that the PIL was filed for the benefit of undertrial prisoners who are lodged in overcrowded jails and prayed that a committee be appointed to hold a meeting at least once every month so that it To decide which prisoner can be released to pass appropriate orders.Bail by the concerned court.
Additional Solicitor General Chetan Sharma, appearing for the Centre, said the issues raised by the petitioner are directly pending before the Supreme Court and hence he can approach the apex court.
He pointed out that the 'Standard Operating Procedure for Under-Trial Review Committees' prepared by NALSA was taken on record by the Supreme Court in 2018.
In its order, the court said that the apex court has also considered the issue of setting up more prisons in each state and union territory due to overcrowding and directed each state government to constitute a designated committee with a view to take steps to Have been issued. To establish new prisons, expand existing facilities in prisons and provide facilities to prisoners through the use of technology.
The court said, “Thus, the issue of overcrowding urged in the present petition is also directly under consideration in the writ petition pending before the Supreme Court.,
Delhi government's standing counsel Santosh Kumar Tripathi said the issue raised by the petitioner is already under consideration and steps are being taken to resolve it.
He said that the ad-hoc relief being prayed for by the present petitioner in the form of an extra-judicial mechanism would increase the burden of "frivolous" petitions on this court.
The petitioner argued that the three jail complexes in Delhi have a sanctioned strength of 10,026 prisoners, against which 19,500 prisoners are lodged as per 2021 data.
He emphasized that undertrial prisoners constitute 83.33 per cent of the total prison population of Delhi, which is higher than the national average.
It was also claimed that the charge sheet filing rate in Delhi was only 31 per cent as against the national average of 73 per cent of total FIRs lodged, which prima facie shows that the fundamental rights of these undertrials are being adversely affected and their Violation is taking place.
A bench headed by Acting Chief Justice Manmohan said the issues raised by petitioner Gautam Kumar Laha are already being considered by the Supreme Court and there is no reason to consider it.
"We are satisfied that since the issues raised by the petitioner in the present petition are directly pending before the Supreme Court in W.P. (C) 406/2013 and are being monitored, we have to entertain the present petition. No reason is found to entertain the same. Accordingly, I dismiss the present petition,” the bench, also comprising Justice Manmeet PS Arora, said in its April 24 order.
Counsel for the petitioner argued that the PIL was filed for the benefit of undertrial prisoners who are lodged in overcrowded jails and prayed that a committee be appointed to hold a meeting at least once every month so that it To decide which prisoner can be released to pass appropriate orders.Bail by the concerned court.
Additional Solicitor General Chetan Sharma, appearing for the Centre, said the issues raised by the petitioner are directly pending before the Supreme Court and hence he can approach the apex court.
He pointed out that the 'Standard Operating Procedure for Under-Trial Review Committees' prepared by NALSA was taken on record by the Supreme Court in 2018.
In its order, the court said that the apex court has also considered the issue of setting up more prisons in each state and union territory due to overcrowding and directed each state government to constitute a designated committee with a view to take steps to Have been issued. To establish new prisons, expand existing facilities in prisons and provide facilities to prisoners through the use of technology.
The court said, “Thus, the issue of overcrowding urged in the present petition is also directly under consideration in the writ petition pending before the Supreme Court.,
Delhi government's standing counsel Santosh Kumar Tripathi said the issue raised by the petitioner is already under consideration and steps are being taken to resolve it.
He said that the ad-hoc relief being prayed for by the present petitioner in the form of an extra-judicial mechanism would increase the burden of "frivolous" petitions on this court.
The petitioner argued that the three jail complexes in Delhi have a sanctioned strength of 10,026 prisoners, against which 19,500 prisoners are lodged as per 2021 data.
He emphasized that undertrial prisoners constitute 83.33 per cent of the total prison population of Delhi, which is higher than the national average.
It was also claimed that the charge sheet filing rate in Delhi was only 31 per cent as against the national average of 73 per cent of total FIRs lodged, which prima facie shows that the fundamental rights of these undertrials are being adversely affected and their Violation is taking place.
