Taking into consideration the increasing number of undertrials in prisons across the State, the Bombay High Court on Thursday asked the government to ascertain how many more prisons it would require to accommodate inmates over the next 10 years.
A Division Bench of Justices Abhay Oka and A.A. Sayyed was hearing a petition filed by Shaikh Ibrahim Abdul, an undertrial lodged in Yerwada Central Jail in Pune. Abdul’s petition highlighted the poor conditions of prisons in the State.
The Bench asked, “How many undertrials are lodged in jails across Maharashtra now? What will be the requirement in future? Has the State government applied its mind on these issues? What facilities will be required?”
Filled beyond capacity
The court pointed out that the Arthur Road Jail and Byculla prison in the city, where undertrials are lodged, were filled beyond capacity. “At Arthur Road and Byculla there is no space for development. You [government] cannot go vertical,” the Bench said.
The court said the government will have to look into how many jails would be required over the next decade.
Justice Oka said, “The government will have to conduct an exercise and ascertain what are the requirements of a model and modern jail on the lines of jails in developed countries. The State can take the help of some retired senior police officials or some expert from the Tata Institute of Social Sciences (TISS). In the past the concept of high-risk prisoners was not there. But now several such prisoners are lodged at the Arthur Road Jail. Similarly, it needs to be seen what the future requirements will be.”
The court said a number has to be ascertained by the State to move forward on the matter. The court has posted the petition for further hearing on January 23.
In the last hearing, the court had said that the State government should consider constructing more prisons as no prison was built after independence and the number of inmates is on the rise. It is unfortunate that no research or planning has gone behind this.
The court had also suggested that undertrials and people convicted for committing serious offences should be in a separate prison, while those convicted of petty crimes can be kept in an open prison.
Deplorable condition
Earlier, a principal district and sessions judge of Pune had submitted a report to the High Court stating there were 905 convicts in the main jail and 2,887 prisoners on trial. However, the sanctioned strength was only 2,323 as on October 8, 2015.
The report points out that there are 99 woman inmates, of which 228 are undertrials, but the prison has a capacity of only 125 to 150 prisoners. There are 19 toilets for women that require maintenance and repairs, and the common bathrooms do not have a partition for women.
The report also said 16 children stayed with their mothers in prison, and highlighted the poor nutritional value of food served to the inmates.
(With PTI inputs)
