ORDER : In I.A. Nos.3, 4 and 5 of 2016 1. We have learned counsel for the applicants. 2. The costs imposed by our order dated 04.04.2016 are waived. 3. However, learned counsel very graciously say that an amount of Rs.25, 000/-will be given to the Supreme Court Legal Services Committee for utilization for juvenile justice issues. 4. Four weeks' time is granted for depositing the amount with Supreme Court Legal Services Committee. The amount shall be utilized for juvenile justice issues. 5. Four weeks' time is finally granted to the States which have not yet deposited the costs. Writ Petition (Civil) No.406 of 2013 6. We have heard learned counsel for the parties and learned amicus curiae. 7. It is submitted by learned Amicus Curiae that the Manual for Juveniles may take some more time for preparation. He estimates about three months time for completing the exercise. 8. With regard to over-crowding in prisons, learned Amicus submits that the extent of over-crowding in each jail needs to be identified rather than looking at the figures relating to the entire State. He submits that in the first instance the States be directed to identify those jails in which over-crowding is to the extent of 150% or more. 9. Learned Additional Solicitor General supports this submission that prisons in which there is over-crowding to the extent of 150% and above should be identified by the States. 10. Accordingly, we direct that the States particularly the Inspector General of Prisons should urgently identify those jails in the respective State where over-crowding is to the extent of 150% and above and provide the information to the learned Additional Solicitor General as well as to the learned Amicus Curiae. In addition, the States and the Inspector General of Prisons should prepare a Plan of Action either to reduce over-crowding or to augment the infrastructure so that there is more space available in the prisons. The cut-off date for calculating the over-crowding will be 30th April, 2016. 11. Learned Amicus Curiae has also suggested that the under-trial Review Committee, in addition to the work that it is already doing as earlier directed shall also consider the additional suggestions given by the learned Amicus Curiae which are as follows: 12.
The cut-off date for calculating the over-crowding will be 30th April, 2016. 11. Learned Amicus Curiae has also suggested that the under-trial Review Committee, in addition to the work that it is already doing as earlier directed shall also consider the additional suggestions given by the learned Amicus Curiae which are as follows: 12. The committee will examine the cases of undertrials who a) Become eligible to be released on bail under Section 167(2)(a)(i)&(ii) of the Code read with Section 36A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (where persons accused of section 19 or section 24 or section 27A or for offences involving commercial quantity) and where investigation is not completed in 60/90/180 days; b) Are imprisoned for offences which carry a maximum punishment of 2 years; c) Are detained under Chapter VIII of the Criminal Procedure Code i.e. under Sections 107, 108, 109 and 151 of Cr.P.C.; d) Become sick or infirm and require specialized medical treatment (S.437 of the Code); e) Women offenders (S.437 of the Code); f) Are first time male offenders between the ages 19 and 21 who are in under trial custody for offences punishable with less than 7 years of imprisonment and have suffered atleast 1/4th of the maximum sentence possible; g) Are of unsound mind and must be dealt under Chapter XXV of the Code; h) Are eligible for release under Section 437(6) of the Code, wherein in a case triable by a Magistrate, the trial of a person accused of any non-bailable offence has not been concluded within a period of sixty days from the first date fixed for taking evidence in the case; 13. The Member Secretary of NALSA is present in Court and he will ensure that this communication is sent to the Member Secretary of the States Legal Services Authority. Learned counsel for the States and Union Territories should communicate this order to the States and Union Territories and Inspectors General of Police(Prisons). 14. With regard to unnatural deaths in prisons, list the matter for hearing on 3rd August, 2016 as Item No.1.