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
