B. SUDERSHAN REDDY, J, J. ( 1 ) ON the strength of a letter from Ms. Sheela Barse, a social activist addressed to the Honourable the Chief Justice of India with respect to deplorable conditions in which mentally ill and insane women are locked up and kept in Presidency Jail, Calcutta, a writ petition was registered and certain directions were issued by the Supreme Court of India. For whatever reason, the said Ms. Sheela Barse withdrew from the matter. The Supreme Court Legal Aid Committee was substituted in her place. ( 2 ) IT is not necessary in detail to notice the several orders passed from time to time by the Supreme Court of India. Various Commissioners were appointed to investigate and report on the conditions obtaining in places where women and children were being detained. The Supreme Court has monitored the implementation of its orders over the years. ( 3 ) ON the suggestions made by the learned counsel for the Supreme Court Legal Aid Committee and also some other learned counsel appearing on behalf of the various State Governments, the Supreme Court issued various directions by its order dated 5-9-1995 in Writ Petition (Criminal) No. 237 of 1989, in the following manner:1. The office shall prepare requisite number of sets of the record of this case. The record shall be in two parts. Part-I shall contain the letter written by Ms. Sheela Barse (along with the enclosures thereto), the orders passed by this Court from time to time arranged in proper sequence and the reports of the Commissioners appointed by this Court, again in their proper sequence. 2. The office shall separate the affidavits, counter affidavits, rejoinders and further affidavits, if any, along with their annexures with respect to each State separately. If there are any affidavits, reports or other documents filed by the Union of India, the same may be included in each of such sets. This shall be treated as Part-II of the record. Obviously, it will be separate for each State concerned herein. 3. The cost of preparing both Parts-I and II shall be borne by the Union of India. After the record is prepared as directed above, the cost thereof shall be intimated to the learned counsel for the Union of India in this case who shall communicate the same to the concerned authority. 3. The cost of preparing both Parts-I and II shall be borne by the Union of India. After the record is prepared as directed above, the cost thereof shall be intimated to the learned counsel for the Union of India in this case who shall communicate the same to the concerned authority. The payment shall be made into the office of this Court within three months therefrom. ( 4 ) THE office shall communicate a copy of Part-I to each of the High Courts. Along with Part-I, Part-II relating to that particular State shall also be enclosed. ( 5 ) THE High Courts are requested to register the record so received by them as a Public Interest Litigation. The Hon ble Chief Justice of each of the High Courts is requested to designate a Judge of that Court to deal with the matter. The High Court shall make all such necessary and appropriate orders as may be warranted, from time to time, for a proper implementation of the orders of this Court. The High Court shall also be free to pass such other and further orders as may be found necessary or appropriate to protect and improve the conditions obtaining in places where women and children - not accused or convicted of any crime - are detained. ( 6 ) THE High Court Legal Aid Committee of each of the High Courts shall be treated as the petitioner in the matter in that High Court. Copies of Part-I (and part-II, wherever applicable) shall be communicated to the respective Legal Aid Board in the High Court. The High Court Legal Aid and Advice Board will assist the High Court in the matter of monitoring compliance with the orders and directions made by this Court. It will be entitled to apply for such further orders and directions from the High Court as may be found necessary in the matters. ( 7 ) IT is made clear that the High Courts to whom the proceedings are being made over shall be fully free and competent to pass such further orders and make such further directions as they think appropriate in the light of the facts and circumstances obtaining in that particular State consistent with and to further the objectives underlying the orders of this Court. ( 8 ) SO far as the State of Assam is concerned, the High Court shall ensure that the State of Assam complies with the several suggestions made in the report of the Commissioner, Sri Gopal Subramaniam, and the order made by this Court on October 3, 1994 on the basis of the said report. Pursuant to the above directions of the Supreme Court, this Court registered a case in taken up W. P. No. 7052 of 1996 (i. e. present writ petition ). 3. It so happened that one S. Appa Rao, addressed a letter to the Chairman, National Human Rights Commission, New Delhi while marking a copy of the same to the Honourable the Chief Justice, High Court of Andhra Pradesh complaining of certain irregularities in the Jails in the State of Andhra Pradesh. In the said application, it is inter alia alleged that the jail authorities were taking the law into their hands by providing rich prisoners to outside hospital facility. Certain allegations were levelled against the individual officers. The said complaint is taken up as W. P. No. 5329 of 1996. 4. This Court by its order dated 21-3-1996 directed this writ petition and W. P. No. 5329 of 1996 to be heard together. Notices were accordingly directed to be issued to all the concerned. Even at that stage, this Court ordered to constitute a Committee consisting of the District Judge, a representative of the Red Cross Society and a representative of any Women Organisation operating in the District to take up a comprehensive study of the conditions in the prisons within the territorial jurisdiction of the District Judge concerned. The District Judge is made to act as the Chairman-cum-Secretary of the Committee. The District Judge is made to act as the Chairman-cum-Secretary of the Committee. The Committee so nominated was directed in general to look into all the aspects of the conditions of the prisoners in jail and in particular submit a report to this Court: i) Whether there are boys below the age of sixteen years and girls below the age of eighteen years in any prison and if so, why and how they have been forwarded to the prison and by whom; ii) Whether there are woman prisoners and if there are woman prisoners, whether there are adequate arrangements in the prison for safe custody of the woman prisoners; iii) Whether there are under trial prisoners who have been in prison as under trial for a period of two years or more, and about the stage of the proceeding in court in their respective cases and the charges for which they have been taken in custody; iv) Whether there are facilities of library and education of the prisoners, facilities for recreation of the prisoners and such other facilities which laws extend to them and to which they are entitled to in spite of their imprisonment. 15. The matter was again directed to be listed for further hearing on 22-3-1996. On 22-3-1996, the said Appa Rao was produced in the Court and he has been confronted with the signature on the representation purported to have been made by him to the Chairman, Huaman Rights Commission and the Honourable the Chief Justice of this Court. The said Appa Rao has, however, stated that he has not signed the representation and the representation does not bear his signature. 16. In such view of the matter, this Court dismissed the said W. P. No. 5329 of 1996 and accordingly directed the said Appa Rao to be returned to the prison. That is how W. P. No. 5329 of 1996 was dismissed. However, this Court instead of recording the order passed by this Court on 21-3-1996 in both the writ petitions i. e. W. P. Nos. 5329 and 7052 of 1996 recorded only in W. P. No. 5329 of 1996. But we shall now proceed on the ground that the order dated 21-3-1996 has been passed mainly in this writ petition i. e. W. P. No. 7052 of 1996 which is taken on file pursuant to the directions of the Supreme Court. 17. 5329 and 7052 of 1996 recorded only in W. P. No. 5329 of 1996. But we shall now proceed on the ground that the order dated 21-3-1996 has been passed mainly in this writ petition i. e. W. P. No. 7052 of 1996 which is taken on file pursuant to the directions of the Supreme Court. 17. In pursuance of the orders passed by this Court dated 21-3-1996, the Committees consisting of the District Judges, representatives of the Red Cross Societies and representatives of Women Organisations were constituted. The records together with the reports from 23 Districts of Andhra Pradesh have been received. The learned Advocate representing the State Legal Services Authority culled out the maladies prevalent in the Jails as is evident from the reports submitted by the Committees headed by the learned District Judges. The main features noticed by the Committees constituted by this Court are: (a) Due to non-availability of bathrooms and latrines, the prisoners are forced to attend the nature s call within the cells. Due to non-availability of proper security guards and also due to lack of compound walls with barbed wires and electrical facilities, there is a scope for prisoners to scale the walls and escape. In order to keep a watch on the prisoners and due to lack of security, they were not allowed outside the cells even to attend the nature s call after dusk. (b) Most of the prisoners are under trials and due to lack of facility for bringing them before the concerned Magistrate, the under trials are languishing in the jails and their remand period is being extended without producing them before the concerned Magistrate. General complaint is that for want of escort, the prisoners are not produced before the concerned magistrate and hence their cases are not being disposed of. (c) In pursuance of the reports of the districts, no special arrangements have been made to keep the female prisoners separately. In case female prisoners are remanded to custody, they are lodged amongst the male prisoners. Thus, construction of separate enclosures for female prisoners is a must. Therefore, steps should be taken for providing speedy measures taking into consideration the privacy required for women prisoners. In case female prisoners are remanded to custody, they are lodged amongst the male prisoners. Thus, construction of separate enclosures for female prisoners is a must. Therefore, steps should be taken for providing speedy measures taking into consideration the privacy required for women prisoners. In reality as submitted on page 5 of the report from Chittoor District, no female security is provided to avoid several offence in any of the sub-jails, besides lack of privacy, female security should be enforced. Due to lack of privacy and separate enclosures male and female prisoners attend to their nature s call in the cells without even separate parapet wall, which is most essential for privacy. (d) The cleanliness of the jails should be maintained at all costs for hygienic conditions for the prisoners to have the bare minimum necessities like water using for washing for washing and cleaning. The un-hygienic conditions of the jails are the result of keeping the prisoners as per rules stated by the sub-jails superintendents and wardens - Chittoor District to keep the prisoners after 6 p. m. inside the cells without the facility to take them out till 6 a. m. next morning. Thus forcing the prisoners to resort to answering the nature calls within the cells - Resulting in profusely unclean and unhygienic conditions. Disinfects like phenyol, soap etc. , should be provided in jails to ward of nasty smell and dirt. The flooring in jails is uneven and in very bad condition, which is one of the reasons stated by the Chittoor authorities who find difficulty in keeping the flooring clean. 18. Having regard to the concise report and recommendations made by various Committees regarding the prevailing conditions in the Jails in Andhra Pradesh we have directed the Director General and Inspector General of Prisons and Correctional Services, Andhra Pradesh to submit a detailed affidavit with reference to the findings and observations made by the Committees constituted pursuant to the directions of this Court. Accordingly, the Director General and Inspector General of Prisons and Correctional Services himself filed a very comprehensive affidavit duly narrating the position existing as on today in the Jails in the State of Andhra Pradesh. 19. Accordingly, the Director General and Inspector General of Prisons and Correctional Services himself filed a very comprehensive affidavit duly narrating the position existing as on today in the Jails in the State of Andhra Pradesh. 19. According to the averments made in the affidavit, there has been a significant progress made in order to improve the conditions in Jails after 1996, when this writ petition and W. P. No. 5329 of 1996 were taken on file by this Court. In the affidavit, it is stated in categorical terms that such of those mentally retarded/ill persons, who are not involved in any criminal cases, are not kept in prisons in the State of Andhra Pradesh. It is also stated that pursuant to the letter dated 7-2-2000 from the Chair Person, National Human Rights Commission fresh instructions were issued by the Government vide G. O. Ms. No. 82, Home (Prisons) Department, dated 1-4-2000 directing all the concerned to ensure that the mentally ill persons are not kept in jails under any circumstances. It is also stated that the said G. O. is being implemented in the State of Andhra Pradesh strictly and scrupulously. The whole case of the representation in the writ petition undertaken by the Supreme Court leading to passing of the order dated 5-9-1995 is based upon an allegation that mentally retarded persons were also lodged in Presidency Jail, Calcutta. There is no finding as such by any of the Committees that such of those mentally retarded persons/ill persons, who are not involved in any criminal cases, are kept in jails in the State of Andhra Pradesh. There is no adverse finding in this regard by any of the Committees constituted by this Court. 20. In the circumstances, no fresh directions as such are required to be issued in this regard. So far as the female prisoners are concerned, the Director General and Inspector General of Prisons and Correctional Services states in his affidavit that they are kept separately from the male prisoners and separate arrangements are provided in jails with regard to the female prisoners. Adequate drinking water facilities are also made in all the jails. May be there are no separate jails as such exclusively meant for the female prisoners. But, according to the Director General and Inspector General of Prisons and Correctional Services, a separate provision is made in the jails for lodging the female prisoners. 21. Adequate drinking water facilities are also made in all the jails. May be there are no separate jails as such exclusively meant for the female prisoners. But, according to the Director General and Inspector General of Prisons and Correctional Services, a separate provision is made in the jails for lodging the female prisoners. 21. The authorized accommodation for all the jails put together is 11,272 while the actual number of prisoners confined as on 26-10-2002 is 13,554. Thus the excess overcrowding works out to about 18% to 20%. It is stated that steps are being taken for construction of additional accommodation in some more jails. Two new Central Prisons at Cherlapalli, Ranga Reddy District and Adavivaram in Visakhapatnam District were recently constructed at a cost of about Rs. 60 crores and they are fully occupied now. In the State of Andhra Pradesh about 65% of the prison population consists of under trial prisoners as on 26-10-2002. 22. With regard to the requirement of making a provision for separate bathrooms and latrines to the female prisoners, it is specifically stated that separate cells are earmarked for women and almost all the cells are attached with toilets, which ensure privacy for women prisoners, and there is no need or necessity for the women prisoners to come out. It is stated that during nighttime prisoners use the toilets attached to the cells. There are two State Jails for Women and all Central Prisons and District Jails have separate enclosures for women prisoners. It is also stated that the State Jails for women are managed exclusively by women staff while in other jails whenever female prisoners are admitted only female attendants will guard them. 23. With regard to the non-availability of police escort resulting in non-production of under trial prisoners before the Courts, the State Government, in order to mitigate the problem, on experimental basis introduced electronic video linkage between Central Prison, Hyderabad and Criminal Courts Complex, Nampally, Hyderabad which is proved to be successful. It is also stated that steps are being taken to extend this facility to other Central Prisons and District Jails. The Government of Andhra Pradesh vide G. O. Rt. No. 1286, Home (Police Budget) Department, dated 30-10-2002 accorded permission to incur the expenditure to a maximum of Rs. 2. 50 crores for executing the project of video linkage. 24. It is also stated that steps are being taken to extend this facility to other Central Prisons and District Jails. The Government of Andhra Pradesh vide G. O. Rt. No. 1286, Home (Police Budget) Department, dated 30-10-2002 accorded permission to incur the expenditure to a maximum of Rs. 2. 50 crores for executing the project of video linkage. 24. The Government in order to ensure speedier production of under trial prisoners constituted a High Level Committee vide G. O. Ms. No. 317, Home (Prisons-A) Department, dated 16-10-1999 consisting of the Additional Director General of Police (Land and Order) and other Civil Officers. The said Committee is periodically reviewing, monitoring and suggesting the measures to be taken for speedier and prompt production of under trial prisoners in the Courts. The percentage of production of under trial prisoners, as at present, has increased to 70% after introduction of video linkage system. 25. It is, however, conceded that running water facility is not available in all the Jails and steps are being taken to provide overhead tank for providing running water facility to the prisoners. It is also admitted that there is water scarcity in some of the sub-jails and steps are being taken to provide municipal water. It is, however, stated that the prisoners are being provided with clean drinking water. The rest of the averments in the counter affidavit relate to making the provision for medical facilities etc. 26. Having regard to the response from the respondents, we are of the considered opinion that no further directions as such are required to be issued except to direct the respondents herein: (a) To take further necessary steps for speedier and prompt production of under trial prisoners in the Courts, since, even according to the respondents, the percentage of production of under trial prisoners as on today is only about 70%. May be in comparison to what it used to be earlier there is a significant improvement in the position. But the respondents are required to take further steps in order to produce all the under trial prisoners in accordance with the schedule before the concerned courts: (b) As stated in the affidavit filed by the Director General and Inspector General of Prisons and Correctional Services himself, there is a need to improve the drinking water facility in all the jails in the State. Necessary steps also shall be taken for providing running water in the latrines and toilets, so that the latrines and toilets are kept in clean and good condition: (c) Necessary steps also shall be taken to provide exclusive lavatories and toilets to women prisoners, so that there won t be any need for them to leave their barracks in order to answer the calls of nature. For the present, we propose to dispose of this writ petition with the above directions. 27. We do not find any reason not to accept as to what has been stated in the affidavit filed by the Director General and Inspector General of Prisons and Correctional Services. We appreciate the Director General and Inspector General of Prisons and Correctional Services for having placed the true and correct factual position before this Court. It shall always be open to any one of the genuinely public interest litigants to bring to the notice of this Court if the steps as directed above are not initiated by the respondents. The writ petition is accordingly disposed of.