High Court of Chhattisgarh has directed to explore the possibilities with regard to implementation of concept of Open Jail and whether the same would be possible in the State of Chhattisgarh or not. in WP (PIL) No.18 of 2024
The Division Bench comprising of the Chief Justice Ramesh Sinha and Mr. Justice Ravindra Kumar Agrawal of High Court of Chhattisgarh, perused the letters written from the relatives of a convict, namely, Mohd. Ansari stating that Mohd. Ansari is a convict and confined in jail since 2010 in regard of offenses under Section 302 of LPC and his appeal is pending since 2014. However, on perusal of record it transpired that said criminal appeal has been dismissed on 21.04 2023 affirming the order of the learned Trial Court. It has been further stated in the letters that because of confinement of the sole bread earner, they are living a life in misery.
Pursuant to aforesaid letters, data have been called from Central Jails and District Jails situated in the State of Chhattisgarh and it was observed that 82 children living with female prisoners in jail. 340 convicts who have been convicted for more than 20 years of imprisonment and their appeal have been dismissed by Hon’ble Supreme Court, the total capacity of jails is 15485 against which 19476 prisons are confined and a total number of 1843 prisoners are skilled professionals, 504 are senior citizens. The report shows that number of criminals confined in jails is much higher than its actual capacity The High Court has been concerned to the plight of those inmates who have to remain in confinement for such a long period of time.
As such, High Court has registered PIL “Suo-moto Vs. the State of Chhattisgarh and another, to explore the possibilities with regard to Implementation of concept of Open Jail and its feasibility in the State of Chhattisgarh. The High Court has observed that when a criminal/offender is confined in jail, it is not only the person, who had committed the crime suffers, but at times, when the said offender is also the sole bread earner of the family, the entire family suffers after undergoing the long period of Incarceration, when the prisoner is released at fag end of his life, he is unable to sustain himself and his family in any manner and as such, it is the duty of State to explore all the possibilities which may help an inmate to lead a normal life of a law abiding citizen.
The High Court has further observed that the paradigm of reformative punishment does not support the traditional inhuman in jail with bars, but is more liberal and supports the concept of open prisons, which is a trust based prison with minimum security.
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An open jail provides a congenial atmosphere, which would help the offender to socialize even before he is actually released from the jail. There are quite good number of prisoners, who are skilled professionals whose services may be utilized and in turn they may also earn something for their future. The concept of Open Jail is not new in India and the State of Rajasthan, Maharastra and Himachal Pradesh have the maximum number of acting open prisons.
The Advocate General on behalf of State Government submitted that they would go through the records and the data collected and prayed for four weeks’ time to seek appropriate instructions.
