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2019 DIGILAW 2217 (RAJ)

Suo Motu v. State of Rajasthan

2019-08-20

MOHAMMAD RAFIQ, NARENDRA SINGH DHADDHA

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ORDER : 1. Rajasthan State legal Services Authority with its letter dated 5.8.2019 has sent a report of inspection carried out in different jails. Copy of the said report along with Annexures be provided to Shri Prateek Kasliwal, learned amicus curiae and Shri M.S. Singhvi, learned Advocate General. 2. This Court on evaluation of the compliance report filed by the respondents in respect of its earlier directions, took note of the various problems and passed the detailed order on 15.05.2019. First of these was the major problem with regard to challani guards responsible for production of large number of under trial prisoners, was taken note of. It was noted that as against 800 courts in the State, only 247 of them have approved challani guards and 547 do not have such guards. A large number of 556493 warrants were received in the year 2017 for appearance of the prisoners, out of which only 328345 accused could be produced before the Court, thus proving that 40% of the prisoners were not produced before the trial courts due to non-availability of challani guards. The situation in the year 2018 was no different where a total of 210838 warrants were received for appearance of prisoners, out of which only 121712 i.e. 57.73% could be produced and remaining were not produced. The Court was informed that the strength of challani guards has not been revised since 1960 despite repeated proposals by the Police Department. The Court therefore directed the respondents to revise the strength of the challani guards, at least to double of the existing strength as this factor alone is hampering the speedy process of trial, thus depriving the citizens the right of speedy trial and justice. 3. The Court also in the aforesaid order dated 15.5.2019 took note of its judgment dated 27.1.2016 wherein respondents were directed to prepare and finalise the new Jail Manual within one year on the basis of draft Jail Manual proposed by the Central Government more than a decade ago. The Court therefore directed the respondents to introduce the draft of Prison Bill, 2017 in the next Session of the Assembly. The Court therefore directed the respondents to introduce the draft of Prison Bill, 2017 in the next Session of the Assembly. The Court also took into consideration various incidents in which Jail Praharis, Warders/Staff were subjected to beating mostly by hard core criminals lodged inside the jail and directed the respondents to provide special training to such Praharis/Warders in the Training Centre of the Central Industrial Security Force as to how best to ensure discipline amongst the prisoners and also to protect themselves. The Court also required the respondents to take up the matter with different oil companies for securing allotment of retail outlets for the Jails in different places of the State on the pattern of other States. The Court also required the respondents to set up the Jail Industrial Development Promotion Board as per direction of this Court in its order dated 27.1.2016. 4. The Chief Secretary of the State pursuant to the directions of this Court on 15.5.2019, has filed an affidavit before this Court on 6.8.2019, stating that a meeting was convened by him on 29.7.2019, which was attended by all concerned to deliberate upon all the issues. With regard to direction No. (i), it has been stated that the Director General of Police, Rajasthan vide its order dated 1.8.2019 sent proposal to the State Government for sanction of 2467 additional posts of challani guard. He has requested that in the first phase administrative and financial sanction for creation of 894 additional posts be given at the earliest. 5. Learned Advocate General submitted that he shall ask the Additional Chief Secretary, Finance to immediately issue the sanction for creation of 894 additional posts of challani guard, which has been recommended by the Director General of Police on priority, within a period of fortnight. The Court wants to clarify that mere fact that the Director General of Police has recommended immediate creation of 894 posts on priority basis, does not in any way dilute the proposal for creation of total 2467 additional posts in compliance of the order of this Court. The creation of remaining posts also should not be deferred or put aside owing to the immediate creation of 894 posts. 6. The creation of remaining posts also should not be deferred or put aside owing to the immediate creation of 894 posts. 6. With regard to direction No. (ii), it has been stated in the affidavit that draft of Prison Bill, 2017 has been discussed at the highest level and the matter has been forwarded to the Finance Department for ascertaining the financial burden and after due examination and completing the required procedure by the concerned departments, the Bill will be placed before the Cabinet. Thereafter, it shall be placed before the Assembly in the next session so that the new Prison Act can be timely passed. 7. The Court directs the Finance Department not to take more than a month from today for evaluating the financial implication and giving its opinion on the draft bill, which is awaiting finalization for last two years and has already been enormously delayed. 8. With regard to direction No. (iii), it is stated in the affidavit that out of 925 recruitees on the post of Warder pursuant to Warder Recruitment-2015, 345 male Warders were given training at BSF Training Centre, Udhampur, whereas 96 male Warder and 220 female Warder were given training at BSF Training Centre Hoshiarpur before they were given posting. This shows that either some of the selected candidates did not join or they have not been provided with such training. The respondents in the next compliance report shall clarify this position. It has been further stated that pursuant to Warder Recruitment-2018 against 670 posts, 610 candidates are presently undergoing the training at CISF Training Centre, Deoli, District Tonk. It is also further stated that in order to improve the skill and efficiency of the staff already working, the respondents have chalked out a programme for conducting refresher courses at Jail Training Institute, Ajmer in phased manner. 9. With regard to direction No. (iv), it is stated that the matter was discussed to re-examine the issue for setting up of Petrol Pump outlets in 18 earmarked Jails of the State on the pattern of Telangana, Tamilnadu, Andhra Pradesh and Maharashtra. The Additional Chief Secretary, Finance assured a suitable decision in the matter. The further compliance in this respect shall be reported to this Court on or before the next date of hearing. 10. The Additional Chief Secretary, Finance assured a suitable decision in the matter. The further compliance in this respect shall be reported to this Court on or before the next date of hearing. 10. With regard to direction No.5 for setting up of Jail Industrial Development Promotion Board, the respondents by order dated 28.6.2019 have nominated 2 non-government members and forwarded the matter to the highest level for constitution of Board. The further compliance in this respect shall be report on or before the next date. The Government in this connection may also consider providing incentives to the industrialists, who are willing to set up their industrial units inside or within the vicinity of jail premises for the benefit of the prisoners. 11. Shri Prateek Kasliwal, learned amicus curiae has submitted that the respondents have been assuring this Court for last more than three years that once the new jail premises built at Dausa is ready, the excess number of prisoners from Central Jail, Jaipur shall be transferred to deal with the problem of overcrowding. He submitted that as against the capacity of 775, presently only 80 prisoners are lodged in that jail. 12. Shri M.S. Singhvi, learned Advocate General submitted that he shall check issue with the Director General of Prisons to find out as to where the problem of overcrowding in jails persists and accordingly the respondents shall take steps to rationalise the distribution of prisoners as per their guidelines and parameters so as to unburden the other jails. 13. The respondents on or before the next date of hearing shall also file the complete list of non-official visitors in respect of Central Jails as also the District Jails where they have not been appointed so far. The respondents shall also in their compliance report state about position of Udyogshalas as also old power looms and machines in the Central Jails, which were in the past found out of order as to if they have been repaired and made functional. Compliance report should specifically state about the activities being carried out in various Udyogshalas in different Central Jails. 14. List the matter on 16.10.2019. 15. A copy of this order be provided to learned Amicus Curiae and learned Advocate General for needful.