In Matter Related Suo Motu Re In-Human ... vs Union Of India
2026 Latest Caselaw 548 Chatt

Chattisgarh High Court

In Matter Related Suo Motu Re In-Human ... vs Union Of India on 16 March, 2026

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                         HIGH COURT OF CHHATTISGARH AT BILASPUR

                                          WPPIL No. 11 of 2013

                         Shivraj Singh versus State of Chhattisgarh and Ors.

                            WPPIL No. 118/2017 and WPC No. 1568/2018

                                               Order Sheet




                   16/03/2026        Heard Mr. Sunil Pillai, learned counsel for the

                                petitioner in WPPIL No.11/2013 and learned Amicus

                                Curiae in WPPIL No.118/2017, Mr. Praveen Das,

                                learned Additional Advocate General, appearing for the

                                State,   Ms.   Annapurna     Tiwari,   learned   Central

                                Government Counsel for Union of India, Mr. Ashish

                                Shrivastava, learned Senior Advocate assisted by Mr.

                                Rahul Ambast and Ms. Shotabdi Bagchi, learned
ROHIT
KUMAR
CHANDRA
                                counsel appearing for respondent No.4 in WPPIL No.

11/2013 and Mr. Abhishek Sinha, learned Senior

Advocate assisted by Ms. Jasleen K. Gulati and

Debashree Chatterjee, learned counsel appearing for

respondent No.4 in WPPIL No. 118/2017 and Mr.

Sourabh Dangi, learned counsel, appearing for

respondent No.4 in WPC No. 1568/2018.

In compliance of the Court's order dated

08.12.2025, the Director General, Prisons and

Correctional Services, Chhattisgarh, Atal Nagar Nava

Raipur, District Raipur (C.G.) has filed his personal

affidavit, relevant portion of which reads as follows :

"4. That, the deponent humbly submits that at present, one new jail is being constructed at Baima Nagoi, Bilaspur and the same is still under progress. It is submitted that in order to establish the fact that the construction of new jail buildings in Baima Nagoi Bilaspur is under progress, copies of latest photographs are being filed herewith as Annexure A/1 colly.

5. That, the deponent humbly submits that to regulate the construction of jail buildings and other activities, a Model Prison Manual 2016 has been framed by the Ministry of Home Affairs, Govt. of India. Clause no. 2.08.2 of the Model Prison Manual 2016 deals with the specification

of accommodation capacity of barracks, cells and hospitals per prisoner which reads as under :-

 Sleeping Barracks                       Cells               Hospitals
 Sq.    Cu.     Sq.             Sq.      Cu.       Sq.      Sq.    Cu.
Metrs. Mtrs.          mtrs of Metrs. Mtrs.        mtrs of metrs. Mtrs.
  of         of air   lateral       of   of air   lateral    of    of air

ground space ventila- ground space ventila- ground space area tion area tion area 3.71 15.83 1.12 8.92 33.98 2.23 5.58 23.75

6. That, the deponent humbly submits that in order to ascertain that the construction of new jail at Baima Nagoi Bilaspur is being carried out as per the specification contained in clause no. 2.08.2 of Model Prison Manual -2016 or not, the deponent vide order dated 11/02/2026 has formed a 4 member committee consisting of Deputy Inspector General, Jail and correctional services, Raipur being Chairman and Jail Superintendent, Jail, Raipur, Central Jail Superintendent, Central Jail, Bilaspur and Senior Law Officer, Jail Headquarter, Raipur as members with a direction to submit its report. Copy of the order dated 11/02/2026 is being filed herewith as Annexure A/2.

7. That, the deponent humbly submits that pursuant to the aforesaid order dated 11/02/2026, on 19/02/2026 a meeting of the aforesaid

committee was held in which it was unanimously decided to obtain the information with respect to the construction activities of new jail at Baima Nagoi Bilaspur from the Executive Engineer, Public Works Department, Division No. 1, Bilaspur. This fact is substantiated from the minutes of the meeting of committee held on 19/02/2026, copy of which is being filed herewith as Annexure A/3.

8. That, the deponent humbly submits that pursuant to the decision taken on 19/02/2026, the Chairman of the said committee has immediately written a letter dated 19/02/2026 to the Executive Engineer, PWD, Division No. 1, Bilaspur requesting him to furnish the information that the construction of new jail building at Baima Nagoi Bilaspur is in compliance with the specification contained in clause no.2.08.2 of the Model Prison Manual 2016. Copy of the letter dated 19/02/2026 is being filed herewith as Annexure A/4.

9. That, the deponent humbly submits that in response to the aforesaid communication, vide its letter dated 20/02/2026, the Executive Engineer, PWD, Division No. 1. Bilaspur has categorically reported /communicated that the construction of new jail building at Baima Nagoi Bilaspur is being

carried out on specifications higher than those mentioned in clause no. 2.08.2 of the Model Prison Manual-2016. Copy of the letter dated 20/02/2026 is being filed herewith as Annexure A/5. It is respectfully submitted that the information supplied by the Executive Engineer, PWD, Division No. 1, Bilaspur has duly been placed before by the committee in its meeting held on 02/03/2025 and the same has been taken on record by the committee. Copy of the minutes of the meeting of the committee dated 02/03/2026 is being filed herewith as Annexure A/6.

10. That, the deponent respectfully further submits that on 12/03/2026 the Engineer-in-Chief, Public Works Department, Chhattisgarh, Deputy Inspector General, Headquarters, Jail and Correctional Services, Chhattisgarh and all the Jail Superintendents, Central Jail, Chhattisgarh have also been directed to ensure strict adherence to clause no. 2.08.2 of the Model Prison Manual-2016 in carrying out the construction activities in newly proposed Jails as well as in existing jails where the constriction activities are still going on, by issuing necessary instructions /directives. Copy of the letter dated 12/03/2026 is being filed herewith as Annexure A/7. In order to monitor the construction activities

carrying out in under construction jails and existing jails, 11 points directives have been issued, inter-alia, to conduct periodic review meetings between the Prison Department and the executing agencies from time to time, for submissions of review reports, physical inspection of construction works and upon completion of construction works for technical certification confirming structural compliance with the approved design standards and the provisions of the Model Prison Manual, 2016.

11. That, the deponent respectfully submits that vide letter dated 12/03/2026, the Executive Engineer, PWD, Division Bemetara has categorically informed that the new open jail having the capacity of 200 inmates has been constructed as per the specification contained in clause no. 2.08.2 of the Model Prison Manual 2016. Copy of the letter dated 12/03/2026 is being filed herewith as Annexure A/8."

From bare perusal of the affidavit, it transpires

that a new jail is presently under construction at Baima

Nagoi, Bilaspur, and the work is still in progress. To

demonstrate the ongoing construction, the latest

photographs have been filed. It is further submitted that

the construction of jail buildings is governed by the

Model Prison Manual, 2016, framed by the Ministry of

Home Affairs, Government of India, and particularly

Clause 2.08.2, which prescribes specifications

regarding the accommodation capacity of barracks,

cells and hospitals per prisoner. In order to verify

whether the construction of the new jail complies with

the said specifications, a four-member committee was

constituted vide order dated 11.02.2026 under the

chairmanship of the Deputy Inspector General, Jail and

Correctional Services, Raipur.

Pursuant to the said order, the committee held

meetings and sought information from the Executive

Engineer, Public Works Department, Division No. 1,

Bilaspur. The Executive Engineer, vide letter dated

20.02.2026, reported that the construction of the new

jail building at Baima Nagoi, Bilaspur is being carried

out with specifications higher than those prescribed

under Clause 2.08.2 of the Model Prison Manual, 2016,

which was thereafter taken on record by the committee.

Further, directions have been issued to the Engineer-in-

Chief, PWD, and concerned jail authorities to ensure

strict compliance with the said clause in all ongoing and

proposed jail construction works, along with monitoring

mechanisms. It has also been reported by the

Executive Engineer, PWD, Division Bemetara that a

new Open Jail with a capacity of 200 inmates has been

constructed in accordance with the specifications

prescribed under the Model Prison Manual, 2016.

The Director General, Prisons and Correctional

Services, Chhattisgarh is directed to file fresh affidavit

by the next date fixed informing this Court the capacity

of the inmates in existing jail and whether it is in

conformity with the Model Prison Manual, 2016 or not.

Considering the capacity of the inmates in the

existing jail, we deem it proper that the State should

make some further positive steps for construction of

new jails in conformity with the Model Prison Manual,

2016.

Let these matters be listed along with fresh

affidavit on 05th of May, 2026.

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




Chandra