In The Matter Of Suo Moto Public Interest ... vs The State Of Chhattisgarh
2026 Latest Caselaw 1378 Chatt

Chattisgarh High Court

In The Matter Of Suo Moto Public Interest ... vs The State Of Chhattisgarh on 7 April, 2026

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          Digitally signed
          by SAGRIKA
SAGRIKA AGRAWAL
        Date:
AGRAWAL 2026.04.07
          20:53:52
          +0530
                                     HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                    WPPIL No. 16 of 2026

                             In The Matter Of Suo Moto Public Interest Litigation In Compliance Of

                             Judgment Dated 26-02-2026 Passed In Writ Petition (C) No.(S)

                             1082/2020, Honble Supreme Court Of India.

                                                                                  ... Petitioner(s)

                                                           versus

                             1 - The State Of Chhattisgarh Through Chief Secretary, Mahanadi

                             Bhawan, Atal Nagar, Nava Raipur (C.G.)

                             2 - The State Of Chhattisgarh, Ministry Of Home, Through Principal

                             Secretary, Home, Mahanadi Bhawan, Atal Nagar, Nava Raipur (C.G.)

                             3 - Director General Of Police Police Headquarter Sector - 19, Nava

                             Raipur (C.G.)

                             4 - Director General ( Jail ) Police Headquarter, Sector - 19, Nava

                             Raipur (C.G.)

                                                                               ... Respondent(s)

Order on Board

07/04/2026 This is an office reference.

Heard Mr. Vivek Sharma, learned Advocate General, for the

State/ Respondents.

This suo moto public interest litigation has been registered on

the basis of directions issued by the Hon'ble Apex Court vide

judgment dated 26.02.2026 in WPC No. 1082/2020 (Suhas

Chakma v. Union of India & Ors.).

From perusal of the aforesaid order, it transpires that the

petition was instituted under Article 32 of the Constitution of India

raising serious concerns regarding the persistent problem of

overcrowding in prisons across the country. The petition highlighted

that excessive prison populations, far exceeding sanctioned

capacities, had resulted in inhuman and degrading living conditions

for inmates, thereby infringing their fundamental rights under Article

21 of the Constitution. The petitioner therein had, inter alia, sought

directions for creation of effective and permanent mechanism to

address and alleviate prison overcrowding, including decongestion

measures, transfer of inmates, and formulation of structural

avenues to ensure humane conditions of detention, particularly in

the backdrop of public health emergencies like COVID-19

pandemic.

The Apex Court, vide the judgment dated 26.02.2026 has

issued various directions and instructions to the States/Union

Territories and also the various High Courts. The operative portion

of the said judgment reads as under:

"IX. OPERATIVE DIRECTIONS

73. In view of the foregoing analysis, and in order to ensure that OCIs across the Country can be made meaningful and effective institutions so as to fulfil the constitutional, reformative and rehabilitative mandate, this Court considers it necessary to issue certain directions. The directions that follow are structured under the respective heads of consideration examined hereinabove, as well as certain ancillary and consequential aspects that are necessary for the effective operationalisation of the reformative framework analysed in detail and represent a concise distillation of the conclusions arrived at in the preceding paras. They are being issued to give concrete and enforceable effect to the constitutional principles, jurisprudential foundations, empirical findings and statutory obligations already discussed, and to secure timely and uniform implementation of the necessary corrective measures by the Union of India, States and Union Territories, so that OCIs operate as effective instruments of dignity, equality, rehabilitation and social reintegration within the criminal justice system.

A. Under-utilisation of Existing OCI Facilities and

Absence of OCIs in Several States and Union Territories

(i) The States of Arunachal Pradesh, Chhattisgarh, Goa, Haryana, Jharkhand, Manipur, Mizoram, Nagaland, Sikkim and Telangana, which presently do not have any functioning OCIs, shall, as a first step, undertake an assessment of the feasibility and necessity for establishing OCIs within their respective jurisdictions. Upon such assessment, the said States shall develop a protocol for the establishment of OCIs and/or open and semi-open barracks.

a. The protocol shall, inter alia, address issues relating to land allocation, extent of land, infrastructure development, construction, staffing, security arrangements and operational modalities. Where the establishment of standalone OCIs is found to be infeasible for valid and recorded reasons, the concerned States shall be duty-bound to create open and/or semi-open barracks within existing closed prisons situated within their territorial jurisdiction, so as to ensure that prisoners are not denied access to reformative correctional facilities.

b. The said protocol shall be placed before the Monitoring Committee constituted in each State under Direction F within a period of three months from the date of this judgment.

(ii) Noting that almost all States as well as NCT of Delhi have reported substantial under- utilisation of existing OCI facilities and open barracks within closed prisons, each State as well as NCT of Delhi shall: -

a. Develop a time-bound protocol for filling up existing vacancies in OCIs and open barracks;

b. Submit the said protocol before the Monitoring Committee constituted in each State and Union Territory under Direction F within a period of three months from the date of this judgment; and

c. Ensure that the identified vacancies are filled within a further period of two months thereafter, subject to eligibility and security considerations. The compliance report shall be placed before the Monitoring Committee constituted under Direction F, within one month thereafter.

(iii) In respect of Union Territories lacking OCI facilities, namely Andaman and Nicobar Islands; Chandigarh; Dadra & Nagar Haveli and Daman & Diu; Jammu and Kashmir;

Ladakh; Lakshadweep; and Puducherry, the Union of India/the elected Government of the Union Territory (as the case may be), shall: -

a. Examine the feasibility of establishing OCIs within the concerned Union Territory or in the alternative, evolve a mechanism for transferring eligible prisoners to appropriate and proximate OCIs in neighbouring States;

b. In any event, and irrespective of the feasibility of establishing standalone OCIs, the Union of India/the elected Government of the Union Territory (as the case may be), shall be duty-bound to create open and/or semi-open barracks within existing closed prisons situated within the jurisdiction of the concerned Union Territory, wherever feasible, so as to provide access of reformative correctional facilities to eligible prisoners; and

c. A status report in this regard shall be submitted before the Monitoring Committee constituted under Direction F within

three months.

(iv) The Monitoring Committee constituted under Direction F shall be duty-bound to oversee, facilitate and ensure the faithful, effective and timely implementation of the protocols so framed by the States and Union Territories.

B. Exclusion and Under-representation of Women Prisoners from OCIs

(i) All States and Union Territories shall develop a protocol for restructuring existing OCIs and/or open barracks so as to allocate adequate capacity for women prisoners. The protocol shall be submitted before the Monitoring Committee constituted in each State and Union Territory under Direction F within three months from the date of this judgment.

(ii) In States/Union Territories where OCIs are already integrated and women are legally permitted to be housed in OCIs or open barracks, the concerned States/Union Territory shall submit before the Monitoring Committee constituted in each State and Union Territory under Direction F within one month thereafter, a protocol for identification and timely transfer of eligible women prisoners, and for filling up existing vacancies earmarked for women.

(iii) Wherever integration or cohabitation within existing OCIs is not feasible due to security or other legitimate concerns, the States and Union Territories shall take immediate steps to create suitable and dedicated OCI facilities and open barracks within closed prisons for women, so as to ensure that women prisoners are not denied access to reformative institutions.

(iv) Security concerns shall generally not be made a ground to

deny women prisoners access to OCI facilities and open barracks. States/Union Territories are directed to evolve gender- sensitive and security-conscious mechanisms to facilitate such access, consistent with Articles 14, 15 and 21 of the Constitution of India.

(v) All States and Union Territories shall, within a period of three months from the date of this judgment, review and amend, as may be necessary, any existing rules, notifications or executive instructions governing OCIs and open barracks that directly or indirectly exclude women prisoners from eligibility for transfer, and shall place a compliance report before the Monitoring Committee constituted under Direction F, within one month thereafter.

(vi) The Monitoring Committee constituted under Direction F shall be duty-bound to oversee, facilitate and ensure the faithful, effective and timely implementation of the protocols so framed by the States and Union Territories.

C. Strict Eligibility Criteria and Inadequate Rehabilitative Avenues within OCIs

(i) All States and Union Territories shall revisit and rationalise eligibility criteria for transfer of prisoners from closed prisons to OCIs, ensuring that such criteria are based primarily on the nature and classification of offences, demonstrated reformative potential, institutional conduct and readiness for social reintegration, rather than rigid or unduly long periods of incarceration in closed prisons. Individualised assessments shall be undertaken through transparent and reasoned procedure, with recorded justification for acceptance or rejection.

(ii) All States and Union Territories shall ensure that OCIs do not function merely as labour camps or spaces of custodial convenience, but as institutions of structured rehabilitation and transition to liberty. To this end, they shall: -

a. Adopt and adapt best practices from States such as Maharashtra, Kerala, and Rajasthan, where OCIs have demonstrated effective rehabilitative outcomes, including models of community-based employment, family integration and diversified vocational training.

b. Develop, implement and periodically update structured skill augmentation, vocational training, apprenticeship and certification programmes, aligned with contemporary employment opportunities;

c. Facilitate community-based employment and external work opportunities, wherever feasible, with minimal, proportionate and non-intrusive supervision, so as to promote responsibility, trust and social reintegration;

d. Ensure fair, equitable and non-discriminatory wages, linked to the nature of work and prevailing minimum wage norms. They shall guarantee timely access to healthcare, banking facilities, education, digital literacy and meaningful vocational training within the OCIs;

e. Enable access to formal education, distance learning and skill certification, including extensive collaboration with recognised educational institutions, Industrial Training Institutions (ITIs), and industry partners (public/private); and

f. Promote family integration and social support systems, including visitation, home leave and, wherever feasible, cohabitation, consistent with security considerations.

(iii) Disciplinary mechanisms within OCIs shall be reform-

oriented and proportionate, and reversion to closed prisons shall not be employed as a default punitive response, except where strictly warranted.

(iv) All States and Union Territories shall put in place institutional grievance redressal mechanisms within OCIs, enabling inmates to raise concerns relating to work conditions, wages, healthcare, discipline or access to facilities, and shall ensure that such grievances are addressed in a timely, fair and transparent manner.

(v) All States and Union Territories shall within three months from the date of this judgment, undertake necessary amendments, modifications or revisions of the existing rules, regulations, executive instructions or administrative frameworks governing OCIs, as may be required, in order to give full effect to the directions issued under this head and shall place a compliance report before the Monitoring Committee constituted under Direction F, within 1 month thereafter.

(vi) All States and Union Territories shall, for the purpose of implementation of Direction C(ii), prepare comprehensive and time-bound action plans, clearly indicating timelines, budgetary allocations, institutional responsibilities and capacity targets. The action plans so prepared shall be placed on record before the Monitoring Committee constituted in each State and Union Territory under Direction F, within a period of three months from the date of this judgment, which in turn shall ensure faithful, effective and timely implementation of the said action plans.

D. Lack of Uniformity and the Need for Common Minimum Standards for Governance and Management of OCIs across States and Union Territories

(i) Recognising the absence of uniformity in governance, eligibility norms, rehabilitative facilities and management of OCIs, and the need for nationally consistent Common Minimum Standards, this Court directs the constitution of a High-Powered Committee for Reform and Governance of Open Correctional Institutions with the following composition:-

a. Executive Chairperson: Hon'ble Mr. Justice S. Ravindra Bhat, Judge (Retd.), Supreme Court of India {Hereinafter, being referred to as the "High-Powered Committee"}

b. Member Secretary: Officer/Member of the National Legal Services Authority (NALSA), to be nominated by the Member Secretary, NALSA.

c. Members:

• Home Secretary, Union of India (or his nominee not below the rank of Additional Secretary); and

• Home Secretaries of all States and Union Territories (or their nominees not below the rank of Additional Secretary);

• Deputy Inspector General (Correctional Administration), Research and Correctional Administration Division, Bureau of Police Research and Development (BPR&D);

• Joint Secretary, Ministry of Social Justice and Empowerment;

• Joint Secretary, Ministry of Skill Development and Entrepreneurship; and

• Two Directors General of Prisons and Correctional Services

from States, to be identified by the Hon'ble Executive Chairperson on a rotational basis.

(ii) The mandate of the High-Powered Committee shall include: -

a. Formulation of Common Minimum Standards for the governance, administration and management of OCIs, including eligibility criteria, living conditions, wages, healthcare, education, vocational training, family integration and disciplinary safeguards;

b. Harmonisation of correctional practices prevailing across States and Union Territories with constitutional mandate, the jurisprudence of this Court, and internationally accepted best practices;

c. Identification of systemic gaps, inconsistencies and barriers in the existing rules/frameworks governing OCIs across States and Union Territories, and recommending corrective legislative, administrative and policy measures;

d. Recommendation of Standardised Eligibility Assessment Protocols based on the nature and classification of offences, demonstrated reformative potential, institutional conduct and readiness for social reintegration, rather than rigid or unduly long periods of incarceration in closed prisons;

e. Formulation of enforceable guidelines to ensure gender- sensitive, inclusive and non-discriminatory access to OCIs, including provisions for women prisoners, transgenders and other vulnerable categories;

f. Suggesting institutional arrangements for capacity-building and training of prison officials involved in the management of OCIs;

g. Recommending mechanisms for periodic monitoring, data collection, evaluation and audit of the functioning of OCIs including capacity utilisation, rehabilitative outcomes and compliance with prescribed standards; and

h. Recommending measures to strengthen inter-agency coordination, including between prison departments, legal services authorities, social welfare departments, and skill development agencies.

(iii) Administrative and Logistical Arrangements for the High-

Powered Committee shall be as follows: -

a. The High-Powered Committee shall be provided with all necessary secretarial, technical and administrative support to enable the effective discharge of its mandate. For this purpose, the National Legal Services Authority (NALSA) shall act as the nodal agency and shall designate a suitable officer, to function as the Registrar- cum-Nodal Officer of the High- Powered Committee.

b. The Registrar-cum-Nodal Officer shall be assisted by such staff as may be required, including at least one Personal Assistant, one administrative assistant, one Law Clerk, and supporting staff, to be deputed by NALSA.

c. The High-Powered Committee shall be free to conduct its sittings at New Delhi or at such other place or places as may be deemed appropriate by the Hon'ble Executive Chairperson. The concerned State Government or Union Territory, as the case may be, shall ensure that suitable arrangements for the sittings of the High-Powered Committee are made expeditiously whenever meetings are held outside New Delhi.

d. The Member Secretary, National Legal Services Authority (NALSA), shall arrange for fully furnished and well-equipped office space for the High-Powered Committee at the NALSA Office, B-Block, Ground Floor, Administrative Buildings Complex, Supreme Court of India, New Delhi - 110001, as and when required. The said office shall be provided with adequate infrastructure, including video- onferencing facilities, secure internet connectivity, record- keeping systems and all necessary logistical support to ensure the efficient and uninterrupted functioning of the High-Powered Committee.

e. The High-Powered Committee shall be at liberty to evolve its own modalities and procedure for the conduct of its meetings and business, including the manner of consultation with stakeholders, calling for data, and seeking expert assistance, consistent with its mandate.

f. The Union of India, through the Ministry of Home Affairs, shall bear all financial and logistical requirements of the High- Powered Committee, including expenditure towards office infrastructure, staff support, travel, accommodation, and operational expenses.

g. The Hon'ble Chairperson of the High-Powered Committee shall be entitled to an honorarium of Rs.10,00,000/- (Rupees Ten Lakh only) per month, along with reimbursement of actual travel and incidental expenses incurred in connection with the discharge of official duties. Any expert, legal assistance or otherwise, engaged by the High-Powered Committee shall also be paid appropriate honorarium, to be determined by the Hon'ble Executive Chairperson.

h. All logistical and administrative arrangements necessary for

the functioning of the High-Powered Committee shall be completed within two weeks from the date of the judgment.

(iv) The first meeting of the High-Powered Committee shall be convened within a period of two weeks from the completion of the aforesaid logistical and administrative arrangements.

(v) The High-Powered Committee shall submit a comprehensive report containing its recommendations, along with the draft Common Minimum Standards, before this Court preferably within a period of six months from the date of its first meeting.

E. Expansion of Open Correctional Infrastructure

(i) All States and Union Territories shall, in addition to optimally utilising existing OCIs, take proactive and time- bound steps to expand open correctional infrastructure by (a) establishing new OCIs, and (b) creating open and semi-open barracks within existing closed prisons, wherever feasible.

(ii) Each State and Union Territory through its Prisons and Correctional Services Department shall undertake a comprehensive assessment of its prison infrastructure within a period of three months from the date of this judgment to: -

a. identify locations suitable for the establishment of new OCIs; and

b. identify closed prisons where open or semi-open barracks can be created without compromising safety or security.

(iii) Upon completion of the aforesaid assessment, each State and Union Territory shall prepare separate, time-bound action plans clearly indicating timelines, budgetary provisions and capacity targets for: -

a. the establishment of new OCIs and/or expansion of existing OCIs; and

b. the creation and operationalisation of open and semi-open barracks within closed prisons.

(iv) The action plans prepared in this regard shall clearly indicate timelines, budgetary provisions and capacity targets, and shall be placed before the Monitoring Committee constituted in each State and Union Territory under Direction F,within a period of three months from the date of this judgment, which in turn shall ensure faithful, effective and timely implementation of the said action plans.

F. Compliance and Monitoring

It is evident that the directions issued by this Court vide order dated 8th May, 2018 in In Re: Inhuman Conditions in 1382 Prisons have not, thus far, yielded any meaningful or positive results. In order to ensure that the present judgment does not suffer the same fate, it is imperative to exhort the High Courts to assume an active role in overseeing and ensuring effective implementation of the directions issued herein. With the aforesaid objective in view, we proceed to issue the following directions: -

(i) For ongoing compliance and monitoring, all theHigh Courts are directed to register a suo motu writ petition, as a continuing mandamus, for the purpose of monitoring compliance with the present judgment within their respective jurisdictions, particularly with respect to the establishment, functioning and expansion of OCIs.

(ii) To facilitate effective implementation at the executive level, every State and Union Territory shall constitute a Monitoring

Committee for the Management of OCIs, to be headed by the Executive Chairman of the State Legal Services Authority or his nominee (including a former Judge of the High Court), with the following members: -

a. Home Secretary of the State/Union Territory (or his nominee not below the rank of Additional Secretary); and

b. A senior officer of the Prisons Department not below the rank of Deputy Inspector General, to be nominated by the Home Department of the State or Union Territory.

(iii) Where the Chairperson of the Monitoring Committee is a nominee of the Executive Chairman of the State Legal Services Authority, such nominee shall be entitled to appropriate remuneration and logistical support, as may be determined by the Executive Chairman, State Legal Services Authority in consultation with the State Government.

(iv) The State Monitoring Committees shall be responsible for:-

a. Ensuring compliance with the directions issued by this Court;

b. Overseeing the utilisation, functioning and expansion of OCIs;

c. Facilitating the timely identification and transfer of eligible prisoners from closed prisons to OCIs; and

d. Periodically reviewing progress and addressing systemic impediments in the implementation of the directions issued by this Court.

(v) Each State and Union Territory shall constitute the aforesaid Committee within a period of four weeks from the

date of this judgment.

(vi) The State Committees shall submit status reports to the concerned High Court on regular quarterly intervals, detailing the steps taken towards compliance with the directions issued herein, the utilisation and expansion of OCIs, and any difficulties encountered in implementation of the directions issued by this Court. The first such status report shall be placed on record before the concerned High Court on or before 21st August, 2026.

(vii) The High Courts, through their respective Registrar General, shall compile and forward consolidated report to this Court once every year, summarising the compliance status of States and Union Territories, progress achieved, best practices identified, and persistent gaps requiring policy or executive intervention. The first such consolidated annual report shall be placed on record before this Court on or before 31st March, 2027.

This multi-tiered monitoring mechanism ensures institutional accountability, continuous judicial oversight, and effective translation of constitutional directives into operational outcomes, thereby preventing stagnation in implementation and reinforcing the transformative objectives of this judgment."

We request the learned Advocate General to carefully go

through the judgment dated 26.02.2026 passed by the Supreme

Court of India in Suhas Chakma (supra), and to ensure that all the

directions/instructions contained therein are brought to the notice of

the concerned Departments of the State forthwith. The learned

Advocate General shall also ensure that a coordinated and time-

bound mechanism is put in place for effective compliance of the

directions issued by the Apex Court, particularly with regard to the

constitution of the Monitoring Committee, preparation of action

plans, establishment and expansion of Open Correctional

Institutions (OCIs), and submission of periodic compliance reports.

The State shall take all necessary steps in right earnest to

ensure strict adherence to the timelines prescribed by the Apex

Court and to address the issues highlighted therein, including

prison overcrowding, under-utilisation of existing facilities, and the

need for reformative and rehabilitative correctional mechanisms.

The Registrar General of this Court is also directed to take all

necessary steps to ensure due and effective compliance with the

directions issued by the Supreme Court of India in the aforesaid

judgment. The Registrar General shall further coordinate with the

concerned Departments of the State Government, wherever

required, and place before this Court, at periodic intervals, status

reports indicating the progress made in implementation of the

directions issued by the Apex Court, including compliance with

timelines prescribed therein.

The Registrar General as well as the learned Advocate

General are directed to communicate this order, along with the

judgment of the Hon'ble Apex Court, to the Chief Secretary of the

State, the Principal Secretary (Home), the Director General of

Police, State of Chhattisgarh, and the Director General (Prisons),

State of Chhattisgarh, for information and necessary action.

The Chief Secretary, Government of Chhattisgarh is directed

to submit its return/reply in the form of an affidavit before the next

date of hearing.

Let the matter be again listed on 31.08.2026.

                     Sd/-                             Sd/-
          (Ravindra Kumar Agrawal)              (Ramesh Sinha)
              Judge                                Chief Justice




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