Orissa High Court
Krushna Prasad Sahoo vs State Of Orissa And Others ..... ... on 8 December, 2023
Bench: B.R. Sarangi, Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 6610 of 2006
Krushna Prasad Sahoo ..... Petitioner
Mr. S.K. Nanda, Advocate &
Mr. Gautam Mishra, Sr. Advocate
(Amicus Curiae)
Vs.
State of Orissa and others ..... Opposite parties
Mr. Debakanta Mohanty, AGA
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
08.12.2023
Order No. I.A. No. 8807 of 2023
46. This matter is taken up through hybrid mode.
2. This Interlocutory Application has been filed by Mrs.
Mrinalini Padhi, a practicing advocate of this Court, to be impleaded
as a party to the present writ petition.
3. Considering the averments made in this application, the prayer
for impletion of party is allowed and she is impleaded as opposite
party no.9. Office to carry out necessary correction in the cause title.
4. In the I.A. she has brought to the notice of this Court that in
view of the judgment of the apex Court in the case of "Inhuman
Conditions in 1382 Prisons" [(2016) 3 SCC 700, the Government
has to take all the measures, as have been discussed in the said
judgment, but the same have not been effectively adhered to. She
has raised her concern about the Education of Children in Jails and
the Nutrition of Jail Inmates.
5. Under the heading of "Education of Children in Jails", she
has brought to the notice of this Court that the children of Jail
inmates of the age 0-6 should be taken care of and sent to the nearest
Anganwadi Centers. Thereafter, they should be sent to nearest
Schools and given all other facilities, as available to other children.
The Schemes of the Government, for the welfare of ST, SC,
Minorities and Other Backward Classes, have not been taken into
consideration in their respect. The children in jails, those belonging
to the ST/SC/OBCs, should also be given the same facilities of the
welfare schemes. The apex Court, in the case of R.D. Upadhya v.
State of A.P. [(2007) 15 SCC 3371, has also discussed various issues
pertaining to women and children. But the same has also not been
taken care of. In the said judgment it is stated that a child should not
be treated as an under trial/convict while in jail with his/her mother.
Such a child is entitled to food, shelter, medical care, clothing,
education and recreational facilities as a matter of right.
6. Under the heading "Nutrition of Jail Inmates", she has
brought to the notice of the Court that the UTPs and convicts, when
engaged in voluntary labour, should be given "Labouring Diet"
7. According to her, the Odisha Model Jail Manual, 2020 states
in Chapter-XXXVII "Maintenance of Prisoners" (Food Clothing,
Bedding, Sanitary Regulation) Conservancy, Water Supply, to the
following effect:-
"913. Food - For the purposes of diet prisoners shall be
classified as follows:
(a) Prisoners of Division I & II, Sub-divided into:
(i) Class-I laboring;
(ii) Class-II Non-labouring.
(b) Division-III Prisoners, sub-divided into:
(i) Labouring;
(ii) Non-labouring.
(c) The diet shall be provided to the inmates of
jails as per the diet scale, to be fixed by the State Govt.
from time to time and the present diet scale shall be fixed
by the Government in the Home Department @ 2816.74
K.Cal per prisoner per day."
8. According to her, the laboring diets have not been specified by
the Government till date.
9. Mr. D.K. Mohanty, learned Additional Government Advocate
is directed to file an affidavit by the next date as to how the aforesaid
aspects have been dealt with by the Government.
(DR. B.R. SARANGI)
ACTING CHIEF JUSTICE
(M.S. RAMAN)
JUDGE
Mr. Goutam Mishra, learned Senior Advocate, who has been
engaged as Amicus Curiae in this case, brought to the notice of this
Court about the fact of overcrowding in Sub-Jail, Jajpur and Special
Sub-Jail, Bhadrak, overcrowding figures regarding other jails and
Prison Population at Bhubaneswar, by filing a short note in Court
today. The same be placed on record.
2. On perusal of the records, it appears that the issue of
overcrowding regarding aforesaid two jails, namely, Sub-Jail, Jajpur
and Special Sub-Jail, Bhadrak has been continuing for more than
past one and half years. He further contended that the said issue has
already been dealt with by this Court in paragraphs-5 and 6 of the
order no.26 dated 31.05.2021; paragraphs-3 and 8 of order no.29
dated 16.07.2021; paragraphs- 2 and 3 of order no.30 dated
26.08.2021; paragraphs 28 and 29 of order no. 33 dated 23.12.2021;
paragraphs-1 and 2 of order no. 36 dated 22.03.2022 ; paragraph-4 of
order no. 40 dated 21.05.2022; paragraphs-8 and 9 of order no. 41
dated 28.07.2022; paragraph-3 of order no. 43 dated 10.11.2022;
paragraph-1 of order no. 44 dated 09.01.2023; and paragraph-3 of
order no. 45 dated 09.03.2023. But till date the same has not been
complied with by enhancing the capacity of the respective jails.
3. As per the recent list of excess prison population collected on
27.11.2023, the following are the details, so far as sub-jail at Jajpur
and special sub-jail at Bhadrak are concerned.
Sl. Name of Jail Scheduled Present Excess Percentage
No. Capacity Population Population of Excess
Population
1. Sub-Jail, 133 186 53 39.84%
Jajpur
2. Special Sub- 201 295 94 46.76%
Jail, Bhadrak
4. Copy of the short notes filed by learned Amicus Curiae has
been served on Mr. D.K. Mohanty, learned Additional Government
Advocate appearing for the State. He has also accepted the
contention raised by learned Amicus Curiae. Relying on the affidavit
filed in June, 2023, he contended that so far as construction of
additional jail in Bhadrak District is concerned, the same is
continuing, but what is the time line fixed for completion of the
work, that figure has not been placed in the said affidavit. Therefore,
he prays for grant of some time to obtain concrete instruction with
regard to the timeline fixed for completion of the said work.
5. He further contended that so far as Jajpur district is concerned,
whether any construction work is undertaken or not, that fact is not
available with him, therefore, he wants some time to get instructions
with regard to the same.
6. As a matter of fact, it is not the only problem, so far as Sub-
Jail, Jajpur and Special Sub-Jail, Bhadrak are concerned. It has been
brought to our notice that many of the Jails, Sub-Jails and Special
Jails have been overcrowded because of increase in population and
crime in the State. As such, the UTPs are facing a lot of difficulties
because of overcrowding. That apart, the Jails or Sub- Jails in most
of the places were constructed much prior to bifurcation of the
districts, but due to growth in population as well as crime, it is highly
essential to have new Sub-jails, Special Jails or District Jails in
different locations, so that the overcrowding can be managed by
shifting the convicts and UTPs to the nearby jails. A policy decision
on the part of the State Government, is required to be taken, so far as
construction of Sub-Jails, Special Jails or District Jails in different
locations is concerned, as per the requirement owing to commission
of crime in the locality. Such policy decision has to be taken as
expeditiously as possible, because if somebody is put behind the bar
as a convict or UTP or kept in judicial custody, first of all he/she is a
human being and a citizen of India and, as such, it is the first and
foremost responsibility of the Government to treat him/her equally
with the general public who are remaining outside the jail premises.
The inaction on the part of the State Government in providing the
basic minimum facilities like food, shelter and clothing amounts to
violation of Article 21 of the Constitution of India. Therefore, this
Court is of the considered view that it is high time when the State
should take prompt corrective measures to have more Sub-Jails,
Special Jails or District Jails at different locations by taking a policy
decision at their level. Such decision should be taken at the earliest.
7. It is of relevance to make a mention that the Legal Services
Authorities have to discharge their responsibilities and see that the
prisoners should get adequate legal aid and other benefits, which
they are entitled to according to the authority. Therefore, this Court
directs the Legal Services Authorities to take adequate steps and also
visit the jails frequently and periodically to get the feedback as to
how the convicts and UTPs are being treated and whether or not they
have been provided with minimum basic facilities like food, shelter
and clothing, besides ascertaining the behavior of the authorities
towards them. So far as hygienic condition is concerned, more
particularly in the wash rooms, in the drinking water points and other
places, the same should have been taken care of and report to that
extent has to be submitted on monthly basis, more particularly in this
case, so that the same can be taken care of.
8. Apart from the above, Health Department of the State
Government is also directed to take necessary steps to have
periodical medical check-up of the convicts and UTPs in each of the
jails and reports to that effect be also furnished before this Court.
There should not be any laxity in extending the health care facilities
either to the convicts or UTPs in the jails.
9. Similarly, so far as infrastructure is concerned, it is Home
Department, which has to supply the same adequately and take
necessary timely steps to maintain cleanliness in the premises so that
convicts and UTPs remain in clean a environment and minimum
facilities, such as, newspaper and other articles should be provided to
them. There should be physical exercise and 'yoga' in a routine
manner every day, so that their body and mind will remain fit.
10. All such requirements are to be complied with by the
Government. Hence, Mr. Debakanta Mohanty, learned Additional
Government Advocate prayed for and granted time till next date to
take necessary instruction and file affidavit in the aforesaid aspects.
11. Call this matter on 21.12.2023.
(DR. B.R. SARANGI)
ACTING CHIEF JUSTICE
(M.S. RAMAN)
JUDGE
Designation: ADR-cum-Addl. Principal Secretary
Location: High Court of Orissa
Date: 08-Dec-2023 17:28:51
