The Division Bench of the Orissa High Court , comprising Chief Justice S. Muralidhar and Justice G. Satapathy in the case of Krushna Prasad Sahoo v. State of Odisha and Others has directed the State Government to take several measures for improving the conditions of jails in the State.
The following directions are as follows:
- Overcrowding of Prisons
In regards to overcrowding of Jail, the Counsel informed the Court that land to an extent of 20 acres has been identified and the Collector and District Magistrate, Jajpur has been requested to alienate the said land in favour of the Home (Jails) Department and to handover advance possession thereof so that construction of a new building for the sub-jail in Jajpur can be commenced. The Court directed the the Collector and District Magistrate, Jajpur to take the necessary steps for alienating the said land in favour of the Home (Jails) Department and hand over advance possession by 1st may, 2023.
- Furnishing of bail bonds by prisoners
The Court reiterates the directions already issued by the Supreme Court of India in Moti Ram v. State of Madhya Pradesh (1978) 4 SCC 47 and the recent order dated 31st January, 2023 of the Supreme Court of India in Suo Motu WP (Criminal) No.4 of 2021. The Secretaries of the DLSAs shall take immediate steps to file appropriate applications in the respective criminal Courts to facilitate the early release of such prisoners by modification of the bail orders passed to bring it in line with the directions of the Supreme Court in the above two cases. These steps positively be completed by 10th April, 2023.
- Mental Health of Prisoners
The Commissioner-cum-Secretary, Health and Family Welfare Department, Government of Odisha informs the Court that the vacancies in the post of Jail Medical Officers are expected to be filled up by the end of May, 2023. An updated status report in this regard be placed on record by the next date.
- Emergency response facility
The Court notes that the 20 ambulances provided thus far have already been allocated to the most crowded jails and sub-jails. Considering that there are 87 jails and sub-jails in Odisha, a direction is issued to the Home Department to ensure that at least 10 more ambulances are provided to the Prisons Department for use in the jails and sub-jails. This must be done by the end of May, 2023.
- Reports of DLSAs
The court directed all the Secretaries of the DLSAs are directed to undertake within the next two months unannounced visits to the respective jails and sub-jails in their jurisdiction and submit reports to this Court with a copy to the learned Amicus Curiae. These reports positively be filed before 31st May, 2023.
The Court listed the matter on 28th June, 2023.
Case Details
Case:- W.P.(C) No. 6610 of 2006 and W.P.(C) No. 3368 of 2014
Petitioner - Krushna Prasad Sahoo
Respondent - State of Odisha and Others
Counsel for the Petitioner - Mr. Santosh Kumar Nanda, Advocate
Counsel for the Respondent – Mr. Debakanta Mohanty, Additional Government Advocate
Judge: Chief Justice S. Muralidhar and Justice G. Satapathy
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