Gauhati High Court Directs Northeastern States to Submit Comprehensive Affidavits on Prison Reforms
Kiran Raj
The Gauhati High Court, on December 20, 2024, directed the States of Assam, Nagaland, Mizoram, and Arunachal Pradesh to file comprehensive affidavits addressing the issues identified in a detailed inspection report on the state of central and district jails across these regions. The inspection was conducted by a Committee constituted for assessing prison conditions and compliance with statutory obligations.
The Division Bench, comprising Chief Justice Vijay Bishnoi and Justice Kaushik Goswami, issued this directive in a suo motu writ petition concerning the condition of jails in the four northeastern states.
"Counsel representing the States of Assam, Nagaland, Mizoram, and Arunachal Pradesh are directed to file comprehensive affidavits addressing the issues highlighted in the Committee's inspection report annexed to the affidavit filed by the Registrar General of this Court on August 20, 2024. These affidavits must detail measures undertaken to implement the recommendations and, where recommendations remain unimplemented, specify the timeline for their execution," the Bench stated.
The inspection report, annexed to the affidavit submitted by the Registrar General, was prepared by a Committee comprising the Member Secretary of the Assam State Legal Services Authority, DIG (Prison) Guwahati Range, and DIG (Prison) Jorhat Range. The report presented a grim picture of prison infrastructure and administration across the states, categorizing the overall condition of the jails as unsatisfactory. It also outlined specific recommendations to address systemic deficiencies.
Despite the submission of this report, the states had not filed their responses or outlined steps taken to comply with the recommendations. Taking cognizance of this non-compliance, the High Court stated, "The failure of the states to respond to the affidavit annexing the Committee's findings is unacceptable. Immediate action must be taken to rectify these deficiencies."
The Bench mandated that the affidavits must be filed no later than January 29, 2025, the next date of hearing. It added, "By the said date, the states must positively file their respective affidavits. Any further delay will not be entertained." The Court emphasized that the affidavits should comprehensively address the highlighted deficiencies, propose remedial measures, and provide a clear timeline for the implementation of unexecuted recommendations.
The Court's directions underscore the significance of constitutional and statutory compliance in prison administration, particularly in ensuring humane conditions for inmates and safeguarding their fundamental rights.
The case, initiated suo motu in 2018, aims to monitor and ensure adherence to legal standards in the administration of jails in the northeastern states.
Case Title: XXX v. In Re- The State of Assam and 7 Ors.
Case Number: WP(C)(Suo Moto)/8/2018
Bench: Chief Justice Vijay Bishnoi and Justice Kaushik Goswami
[Read/Download order]
