TMI Blog2018 (10) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... der necessary. All State Governments, UT Administrations and the Ministries/Departments of the Central Government will furnish such information, documents and other assistance as required by the Committee. The Committee is requested to complete the collection of data and information and make appropriate recommendations and submit the same to this Court preferably within a period of 12 months. The Government of India will make the services of an Additional Solicitor General of India, as and when required by the Committee for any assistance. The writ petition may be revived and listed as and when required. - WRIT PETITION (CIVIL) NO. 406 OF 2013 - - - Dated:- 25-9-2018 - Madan B. Lokur, S. Abdul Nazeer and Deepak Gupta, JJ. ORDER Over the years, public interest litigation has brought immense social change through interventions made and directions issued by this Court. Public interest litigation has been initiated, very rarely, by suo motu 1 exercise of jurisdiction by this Court. On most occasions, it has been initiated through a writ petition filed by activist individuals or organisations 2 . Again, quite infrequently, it has been initiated on the basis of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the rights of prisoners, which was initiated on the basis of a letter received by this Court from a former Chief Justice of India, was initially resisted by the State, but with the intervention of the learned Attorney General, it appears that the need for introspection and reform has been recognised and there has been a positive and constructive expression of interest shown by the Union of India in this regard. The present petition arose out of a concern shown by former Chief Justice R.C. Lahoti on four issues, namely, overcrowding in prisons; unnatural deaths of prisoners; gross inadequacy of staff; and the available staff being untrained or inadequately trained. Ever since this petition has been pending disposal, despite several directions issued by this Court from time to time, no finality has yet been attached to the rights of prisoners. On the contrary, issues that require consideration have multiplied and new vistas have opened for consideration. 6. With this preamble, before we actually pass agreed directions that have been accepted by the learned Attorney General, it is necessary to give a few background facts relating to the efforts made in the past on the issue of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R.D. Upadhyay v. State of Andhra Pradesh and others [ (2007) 15 SCC 337]). 11. Keeping this in mind and the dire necessity of reforms in prison administration and prison management despite earlier efforts, it was put to the learned Attorney General to consider the feasibility of appointing a Committee to look into the entire range of issues raised, not only in this petition, but also other issues that have cropped up during the hearing on several dates and from time to time. As mentioned above, the learned Attorney General accepted the suggestion of a Committee being appointed. Therefore, the following directions are issued: 12. The Ministry of Home Affairs in the Government of India shall forthwith issue a notification constituting a Supreme Court Committee on Prison Reforms consisting of: 1. Hon ble Mr. Justice Amitava Roy, former Judge of the Supreme Court as its Chair. 2. Inspector General of Police, Bureau of Police Research and Development as its Member 3. Director General (Prisons) Tihar Jail, New Delhi as its Member. 13. The Committee will give its recommendations on the following issues as its Terms of Reference: 1. Review the implementation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... risons and correctional homes and recommend remedial measures. 12. To suggest training and educational modules for the staff in prisons and correctional homes with a view to implement the suggestions. 13. To assess the feasibility of establishing Open Prisons, the possibility of and the potential for establishing Open Prisons in different parts of the country and give effect to the recommendations. 14. To recommend steps for the psycho-social well-being of minor children of women prisoners, including their education and health. 15. To examine and recommend measures for the health, education, development of skills, rehabilitation and social reintegration of children in Observation Homes, Places of Safety and Special Homes established under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. 16. Generally, any other recommendation that the Committee may deem appropriate, fit and proper in furtherance of reforms in prisons and correctional homes. 17. The Committee while giving its suggestions and recommendations may also suggest changes or amendments to various guidelines contained in the Modern Prison Manual, 2016 and also various dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of the Committee, these officers will be treated as on duty . The officers would be entitled to all allowances and benefits as per the applicable rules. C. The composition of the above Committee will be notified by the Ministry of Home Affairs, Government of India forthwith. D. The Committee will have its office in the National Capital Territory of Delhi. E. The Committee will indicate to the Union of India as to its requirements of infrastructure support, including personnel necessary for answering the Terms of Reference. The necessary infrastructure, including manpower will be provided by Ministry of Home Affairs, Government of India. F. All payments indicated above shall be made by the Union of India. DIRECTIONS 1. The Committee will make its recommendations as soon as feasible, other than with respect to the first three Terms of Reference, dealt with above. It may consider, if necessary, sending reports on any of the matters as and when the recommendations are finalized. It shall also make its recommendations to the State Governments. 2. The Committee will devise its own procedure and formulate modalities necessary for accomplishing the task. It may ..... X X X X Extracts X X X X X X X X Extracts X X X X
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