New Delhi: The Supreme Court on Tuesday said the underutilisation of open correctional institutions in the country is a “very serious issue” as the states are facing the difficulty of overcrowding in jails.
The concept of semi-open or open correctional institutions was introduced to assist prisoners in their rehabilitation in the society.
A bench of Justices Vikram Nath and Sandeep Mehta also allowed an application filed by the state of Kerala seeking permission to allot 257 acres of a 457-acre land for an open prison for the BrahMos project and other facilities.
The Kerala government said land measuring 180 acres is needed for the BrahMos project, while an area of 45 acres is required for the Sashastra Seema Bal (SSB).
It said the remaining 32-acre area is needed to set up a national forensic sciences laboratory.
Senior advocate K Parameshwar, who is assisting the top court as an amicus curiae in the matter related to congestion in jails, said the application filed by the Kerala government should be allowed.
Additional Solicitor General S V Raju, appearing in the court for the Centre, said the BrahMos project is a “national defence project”.
The bench allowed the application filed by the Kerala government.
During the hearing, the bench said the amicus has flagged the issue of open correctional institutions (OCIs).
“Now, the amicus has highlighted the issue of underutilisation of the OCI facilities in the country. It is a very serious issue because on the one hand, the states are facing the difficulty of overcrowding of prisons and on the other hand, the OCIs are available and are not being utilised,” the bench said.
It asked Raju why the government cannot frame a policy on it.
The amicus said, “They (Centre) have done that. The Union has framed not only a manual, they have also given draft model prison rules.”
He said the Centre has written consistently to all the states, asking them to utilise their OCIs to the fullest, so that other jails are less crowded.
The amicus said at least in six or seven states, the OCIs are running below 50 to 60 per cent of their capacity.
He said in three or four states, women prisoners are not allowed to enter OCIs.
“Perhaps the issue of security would be very relevant for the reason that these facilities function without very tight security. Two-three guards are more than enough. So if they place women, the issue of security could come,” the bench observed.
The amicus said it is for the states to work it out.
“You are right. It has to be done,” the bench said.
“What we will do is, since the states are least interested in responding, we will consider your note and pass a detailed mandate,” the bench told the amicus and reserved its order on the issue.
The court emphasised that “whatever is there, that should be utilised”.
While hearing the matter earlier, the apex court had observed that establishing open prisons can be one of the solutions to overcrowding in jails and also address the issue of rehabilitation of prisoners.
