Mr. Jorgay Namka vs Mr. Hissey Gyaltsen

Citation : 2021 Latest Caselaw 93 Sikkim
Judgement Date : 14 December, 2021

Sikkim High Court
Mr. Jorgay Namka vs Mr. Hissey Gyaltsen on 14 December, 2021
Bench: Hon'Ble The Justice, Meenakshi Madan Rai
                                                                       COURT NO.1
                        HIGH COURT OF SIKKIM : GANGTOK
                               Record of Proceedings

                              WP (PIL) No. 01/2015

                            IN RE: HIGH COURT OF SIKKIM

For Petitioner          :      Mr. Jorgay Namka, Amicus Curiae.

For Respondents no.     :      Mr. Hissey Gyaltsen, Asst. Govt. Advocate.
1 to 5


Date: 14/12/2021


CORAM:
    HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
    HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
                             ...

JUDGMENT: (per the Hon'ble, the Chief Justice) This Public Interest Litigation was registered sometime in the year 2015 in pursuance to the directions issued by the Hon'ble Supreme Court in Writ Petition (Civil) No.559 of 1994. The issue in the instant Public Interest Litigation centers primarily around the condition of prisons in the State of Sikkim. From 2015 till date, several orders have been passed from time to time and in the meanwhile, conditions have vastly improved.

The learned amicus, while making his submissions before us today, recalled his personal visit to the Central Prison at Rongyek. As we gathered from his submissions, the present condition of the Central Prison is quite satisfactory. At this stage we are informed by the learned advocate of the State that so far as an additional vertical construction of the prison is concerned, steps have been taken by the State Government and work order(s) have been issued on 30th November, 2021. The work order(s) specifies/specify that the additional construction has to be completed within a stipulated timeframe of 18 (eighteen) months. The State Government shall ensure that this timeframe is strictly adhered to by the contractor(s).

COURT NO.1 HIGH COURT OF SIKKIM : GANGTOK Record of Proceedings The State Government shall also endeavour to take the jail authorities into confidence whenever new construction or modification of any existing structure of prisons is made.

We do not find any further reason to keep this Public Interest Litigation pending and as such, dispose of this matter with liberty to the learned amicus to invoke this jurisdiction in future, if further issues arise based on the observations/directions of the Hon'ble Supreme Court as contained in Writ Petition (Civil) No.559 of 1994.

In view of disposal of this matter, the connected matter, being WP (PIL) No.10 of 2017, stands disposed of accordingly.

               (Meenakshi Madan Rai)                     (Biswanath Somadder)
                     Judge                                    Chief Justice
jk/ds