In Re: Inhuman Conditions in 1382 Prisons v. State of Assam
2018-08-08
DEEPAK GUPTA, MADAN B.LOKUR, S.ABDUL NAZEER
body2018
DigiLaw.ai
ORDER : 1. In partial modification of order dated 08.05.2018, we direct that Training Manuals should be circulated to the Director General of Prisons and Secretaries of Prison Department in each State Government/ UT and also to three training institutes i.e. Institute of Corrections Administration, Chandigarh; Regional Institute of Correctional Administration, Kolkatta and Academy of Prison and Correctional Administration, Vellore. 2. We have heard the learned Attorney General, the learned ASG, the learned Amicus and learned counsel for the parties. 3. To tackle some of the issues pertaining to prisons and reforms in prison including children who are in prison only because their mother is in prison and other related issues, the learned Attorney General agrees with the view expressed by this Court that a Committee should be appointed to look into all these issues. The Committee will be headed by a retired Judge of this Court and will be assisted by 2-3 officers of the Government of India. This has also been agreed by the learned Attorney General, the learned ASG and the learned Amicus. 4. We request the learned Amicus to sit with the learned ASG to prepare terms of reference and the responsibilities of the proposed Commission. 5. Needless to say, the Union of India will have to issue a notification and provide all necessary facilities considering the importance of prison reforms in the country and importance of Article 21 of the Constitution of India. 6. For this purpose, list the matter on 17.08.2018. 7. Well before the next date of hearing, an agreed document should be prepared by the learned ASG and the learned Amicus. I.A. No. 26542/2018 8. We have requested the learned Amicus to put in the form of a chart the Rules in the various Prison Manuals that appear to be constitutionally invalid along with the response of the State Government to communications in this regard so that we can go through each Rule one by one and determine its constitutional validity. 9. Needful be done within ten days. 10. List the application on 29.08.2018.