Information on High Court Petitions Filed


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SECTION PIL (WRIT)

MATTER FOR : 12.12.2017

COURT NO. : 04

ITEM NO.

: 03

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 406 OF 2013 (Under Article 32 of the Constitution of India)
WITH INTERLOCUTORY APPLICATION NOS. 6/16, 68248, 112556 & 135960/2017
(Applications for Intervention and directions

WITH INTERLOCUTORY APPLICATION NO. 7/2017
(Application for Extension of time)

Re: Inhuman Conditions in 1382 prisons

...Petitioner

OFFICE REPORT

It is submitted that the Writ Petition above-mentioned was listed before
the Hon'ble Court on 15.09.2017, when the Court was pleased to pronounce,
inter-alia, the following Judgment:-
“xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx 58. We expect the above directions to be faithfully implemented by the Union of India and State Governments. In the event of any difficulty in the implementation of the above directions, the Bench hearing the suo motu public interest litigation in the High Court in term of our first direction is at liberty to consider those difficulties and pass necessary orders and directions. 59. List for follow-up in December, 2017.”
It is submitted that certified copy of the above Judgment was sent to all
the concerned authorities, viz, all Hon’ble High Courts, Ministry of Home
Affairs, Ministry of Women & Child Development, all the States and all States’
Legal Services Authorities on 18.09.2017 and 19.09.2017 respectively.

-2It is further submitted that the following Hon’ble High Courts have filed compliance reports:

Sr. Hon’ble High Court No.

Date of letter received Case No. registered by the

from Registrar

Hon’ble High Court

General/Registrar

1 Punjab & Haryana High Court 22.9.2017

CWP No. 21641/2017

2 High Court of Judicature at Patna 20.9.2017

CWJC 13942/2017

3 High Court of Delhi

23.9.2017

WP (C) 8580/2017

4 High Court of Madhya Pradesh (Principal Bench – Jabalpur)

22.9.2017

WP (C) 15119/2017

5 High Court of Meghalaya

26.9.2017

PIL No. 9 of 2017

6 High Court of Tripura

20.9.2017

WP (C) 8/2017

7 High Court of Bombay

3.10.2017

Suo Motu PIL No. 3/2017

8 J&K High Court

7.10.2017

Suo Motu PIL No. 12/2017

9 High Court of Sikkim

9.10.2017

Suo Motu PIL No. 10/2017

10 High Court of Manipur

4.10.2017

Suo Motu PIL No. 30/2017

11 High Court of Judicature at 20.10.2017 Hyderabad (For Telangana & Andhra Pradesh)

WP (Suo Motu PIL) No. 269/2017

12 High Court of Jharkhand

10.11.2017

WP (PIL) 6125/2017

13 High Court of Karnataka

17.11.2017

WP (Suo Motu) 51738/2017

14 High Court of Kerala

22.11.2017

WP (C) 36780/2017

15 High Court of Judicature at 23.11.2017 Allahabad

Criminal Public Interest Petition No. 24192/2017

16 Gauhati High Court

29.11.2017

PIL (Suo Motu) No. 6/2017

It is further submitted that no information has been received in respect of the following Hon’ble High Courts:

1. Calcultta High Court 3. Gujarat High Court 5. Madras High Court 7. Rajasthan High Court

2. Chhattisgarh High Court 4. Himachal Pradesh High Court 6. Odisha High Court 8. Uttarakhand High Court

-3It is next submitted that the following State Legal Services Authorities have filed compliance reports:

No. SLSA 1 Uttarakhand State Legal Services Authority

Date of Letter 27.11.2017

2 West Bengal State Legal Services Authority

28.11.2017 (Only 1 bundle received)

3 Tripura State Legal Services Authority

29.11.2017

4 Andhra Pradesh State Legal Services Authority

29.11.2017

5 Tamil Nadu State Legal Services Authority

30.11.2017

6 Telangana State Legal Services Authority

30.11.2017

7 Chhattisgarh State Legal Services Authority

30.11.2017 (Only 1 set received, having pages in vernacular language )

It is further submitted that the Reports received from States Legal Services Authorities as mentioned in the table above at Srl. Nos. 1, 3 to 6 are placed in a separate volume with the main Paper Books.
It is next submitted that as regards Sr. No. 2 in the table above, The Prison Study Report received from West Bengal SLSA is being circulated at the Residential Office of Hon’ble Mr. Justice Madan B. Lokur and individual Study Report of each Correctional Homes of districts of State of West Bengal and State of Chhattisgarh (at Sr. No. 7) will be produced in the Hon’ble Court at the time of hearing of matter.
It is further submitted that no compliance reports have been received in respect of the following U.Ts./States’ Legal Services Authorities:

1. Andaman and Nicobar 3. Assam 5. Chandigarh 7. Daman and Diu 9. Goa 11. Haryana 13. Jammu and Kashmir

2. Arunachal Pradesh 4. Bihar 6. Dadra and Nagar Haveli 8. Delhi 10. Gujarat 12. Himachal Pradesh 14. Jharkhand

15. Karnataka 17. Lakshadweep 19. Maharashtra 21. Meghalaya 23. Nagaland 25. Puducherry 27. Rajasthan 29. Uttar Pradesh

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16. Kerala 18. Madhya Pradesh 20. Manipur 22. Mizoram 24. Odisha 26. Punjab 28. Sikkim

It is further submitted that the Writ Petition above-mentioned was listed before the Hon'ble Court from time to time and lastly listed on 31.10.2017 with Office Report dated 30.10.2017, when the Court was pleased to inter-alia pass the following Order:-

“xxxx xxxx

xxxx xxxx

xxxx

We expect the State Governments and the Inspector General of Police (Prisons) to respond to the queries/ issues raised by the Ministry of Home Affairs particularly keeping in mind the fact that we are dealing with issues relating to the human rights of individuals which must be given prime importance.
The Member Secretary, NALSA along with the Director, NALSA as well as the learned Amicus may participate in the meeting to be held on 16.11.2017.
xxxx xxxx xxxx xxxx xxxx

List the matter on 12.12.2017.

xxxx xxxx xxxx xxxx xxxx”

It is further submitted that pursuant to above Order, certified copy of the above Order was sent to (a) Ministry of Home Affairs, (b) NHRC, (c) NALSA, (d) Chief Secretaries/Administrators of all States and U.Ts, and (e) DGP/IGs of Prisons of all States and U.Ts. through Speed Post for information and compliance.
It is further submitted that Amended Cause Title impleading NHRC as an intervenor as per Court’s Order dated 30.10.2017 (in I.A. No. 103676 of 2017) stands included in the Paper Books.

-5It is next submitted that Mr. Satya Mitra, Advocate has on 01.11.2017 filed Application for direction on behalf of applicant, viz. National Forum for Prison Reforms which has been registered as Interlocutory Application No. 112556 of 2017 and the same stands included in the Paper Books. It is next submitted that Mr. Alok Agarwal, Member Secretary, NALSA has on 09.12.2017 submitted Report dated 08.12.2017 and the same is being circulated before the Hon’ble Court. It is lastly submitted that Mr. Gaurav Agrawal, Advocate (A.C.) has on 11.12.2017 filed two separate documents with permission of the Hon’ble Court:(i) Note for hearing and (ii) Application for Directions. The application for direction has been registered as I.A. No. 135960/2017 and both the documents are being circulated for the kind perusal of the Hon’ble Court. The Writ Petition alongwith applications above-mentioned is listed before the Hon'ble Court with this Office Report for orders. Dated this the 11th day of December, 2017.
Sd/Assistant Registrar

SECTION PIL (WRIT)

1

MATTER FOR : 21.02.2018

COURT NO. : 04

ITEM NO.

: 03

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 406 OF 2013 (Under Article 32 of the Constitution of India)
WITH INTERLOCUTORY APPLICATION NOS. 6/16, 68248, 112556 & 135960/2017
(Applications for Intervention and directions) WITH
INTERLOCUTORY APPLICATION N OS. 26533 & 26542/2018 (Applications for Impleadment and directions) WITH INTERLOCUTORY APPLICATION NO. 7/2017 (Application for Extension of time)

Re: Inhuman Conditions in 1382 prisons

… Petitioner

OFFICE REPORT
The Writ Petition above-mentioned was listed before the Hon'ble Court
on 12.12.2017 with Office Report dated 11.12.2017, when the Court was pleased
to pass, inter-alia, the following order:
“xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx We request the Secretary General to communicate with the Registrar General of these High Courts to look into the matter of custodial deaths at the earliest and report to us. xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx We require the following: (i) The Ministry of Home Affairs to have a meeting with the Directors General and Inspectors General of Prison of all the State Governments and Union Territories to see the feasibility of establishing open prisons. The Ministry of Home Affairs will send a communication to the concerned authorities in the State Governments and Union Territories asking for their response to the idea of open prisons – whether they are willing to set up open prisons and the manner in which the open prisons could be operated. The concerned authorities should respond to the Ministry of Home Affairs preferably within a period of four weeks and the meeting will be held immediately thereafter in the first week of February, 2018. (ii) NALSA will also send a similar communication to the State Legal Services Authorities indicating the information required and will also try and have a meeting with the Member Secretaries with the State Legal Services Authorities, if necessary

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through video-conferencing so that their views may also be made available. (iii) In the meeting that the Ministry of Home Affairs is directed to hold in the first week of February, 2018, the Member Secretary, the Director of NALSA, learned amicus curiae and Ms. Smita Chakraburtty will also be invited.
List the matter on 21st February, 2018.

It is submitted that certified copy of the Order dated 12.12.2017 was sent to the following authorities/parties: i) Secretary, Ministry of Home Affairs, ii) Director and Member Secretary, NALSA, iii) Mr. Gaurav Agrawal, Advocate (A.C.) and iv) Chief Secretaries of all States and Union Territories on 18.12.2017.
It is further submitted that certified copy of the above order has also been sent to the Registrar Generals of High Courts of Calcutta, Chhattisgarh, Himachal Pradesh, Madras, Orissa, Rajasthan, and Uttarakhand by the Secretary General vide letter dated 16.12.2017.
It is further submitted that compliance reports have been received from the following High Courts:

Hon’ble High Court Sr. No.
1 High Court of Gujarat

Date of letter received Case No. registered by the

from Registrar

Hon’ble High Court

General/Registrar

15.12.2017

Writ Petition (PIL) 260/2017

2 High Court of Chhattisgarh

19.12.2017

Suo Moto WP (PIL) No. 118/2017

3 High Court of Orissa

19.12.2017

W.P. (C) 20673/2017

4 Madras High Court

19.12.2017

Suo Motu Writ Petition No. 26774/2017

5 High Court of Calcutta

20.12.2017

W.P. 26371/2017

6 High Court of Uttarakhand

20.12.2017

Writ Petition (PIL) No. 159/2017

7 High Court of Himachal Pradesh

14.12.2017

CWPIL No. 203/2017

8 Rajasthan High Court

21.12.2017

D.B. Civil Writ Petition No. 17462/2017

All the High Courts have now filed compliance reports.

3
It is next submitted that compliance reports have been received from the following State Legal Services Authorities:

No. SLSA 1 HP State Legal Services Authority

Date of Letter 08.12.2017

2 Gujarat State Legal Services Authority

08.12.2017

3 Odisha State Legal Services Authority

22.12.2017

4 Andaman & Nicobar Islands State Legal Services Authority

09.01.2018

It is further submitted that Mr. M. Yogesh Kanna, Advocate has on 16.01.2018 filed Status Report on behalf of State of Tamil Nadu and the same stands included in the Paper Books.
It is further submitted that Mr. Satya Mitra, Advocate has on 01.11.2017 filed Application for direction on behalf of applicant, viz. National Forum for Prison Reforms which has been registered as Interlocutory Application No. 112556 of 2017 and the same stands included in the Paper Books.
It is next submitted that Mr. Pukhrambam Ramesh Kumar, Advocate has on 20.02.2018 filed Application for impleadment as petitioner alongwith Vakalatnama/appearance and Application for directions on behalf of Dr. Anup Surendranath. The said applications have been registered as Interlocutory Application Nos. 26533 and 26542 of 2018 respectively and the same are being circulated for the kind perusal of the Hon’ble Court.
It is lastly submitted that Mr. Gaurav Agrawal, Advocate (A.C.) has on 20.02.2018 filed Note for hearing with the permission of the Hon’ble Court and the same is being circulated for the kind perusal of the Hon’ble Court.
The Writ Petition alongwith applications above-mentioned is listed before the Hon'ble Court with this Office Report for orders.
Dated this the 20th day of February, 2018. Sd/-
Assistant Registrar

SECTION PIL (WRIT)

1

MATTER FOR : 02.08.2018

COURT NO. : 03

ITEM NO.

: 01

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 406 OF 2013 (Under Article 32 of the Constitution of India)
WITH INTERLOCUTORY APPLICATION NOS. 6/16 & 67234/2018
(Applications for Intervention) AND
INTERLOCUTORY APPLICATION NOS. 68248, 112556,135960 OF 2017 (Applications for directions) AND
INTERLOCUTORY APPLICATION N OS. 26533 & 26542/2018 (Applications for Impleadment and directions) AND INTERLOCUTORY APPLICATION NO. 7/2017 (Application for Extension of time) AND
INTERLOCUTORY APPLICATION N O. 62210/2018 (Application for Condonation of delay) AND
INTERLOCUTORY APPLICATION N OS. 62531, 62212, 67761 & 67769 /2018 (Applications for Exemption from filing O.T.) AND
INTERLOCUTORY APPLICATION N O. 105821/2018 (Application for directions)

RE: INHUMAN CONDITIONS IN 1382 PRISONS
OFFICE REPORT
The Writ Petition above-mentioned was listed before the Hon'ble Court on
08.05.2018 with Office Report dated 07.05.2018, when the Court was pleased to
pass, inter-alia, the following order:
“xxxx xxxx xxxx xxxx xxxx xxxx 2. Overcrowding in Prisons
xxxx xxxx xxxx xxxx xxxx xxxx Under the circumstances, we request the Chief Justice of every High Court to take up the issue of overcrowding in prisons as a suo moto writ petition. The Secretary General should send a copy of this order to the Registrar General of every High Court for necessary steps in this regard and report back to us. xxxx xxxx xxxx xxxx xxxx xxxx xxxx

2
3. Vacancies in the prisons staff xxxx xxxx xxxx xxxx xxxx xxxx xxxx Accordingly, we request the Chief Justice of every
High Court to take up this matter as a suo moto writ petition.
The Secretary General should send a copy of this order to the Registrar General of every High Court for necessary steps in this regard and report back to us.
4. Women prisoners and their children Learned Additional Solicitor General informs us
that the Ministry of Women and Child Development, Government of India is conducting a study through the National Commission for Women and the National Law University, Delhi on women prisoners and their children. He says that as per his information the Study will be completed by 30th June, 2018 and the Ministry would thereafter like to look into the Study and take necessary steps. He further says that the consideration will take about 2 or 3 weeks.
For this purpose, list the matter on 2nd August, 2018.
xxxx xxxx xxxx xxxx xxxx xxxx xxxx 6. Open Prisons
xxxx xxxx xxxx xxxx xxxx xxxx xxxx … The State Governments and Union Territory Administrations should also seriously consider the feasibility of establishing open prisons in as many locations as possible. List the matter on 2nd August, 2018.”
Pursuant to above Order, it is submitted that vide the Ld. Secretary’s
General’s letter(s) dated 16.05.2018, certified copy of the Hon’ble Court’s Order
dated 08.05.2018 was sent to the Registrar Generals of all the High Courts for
compliance of the aforementioned order of the Hon’ble Court.
It is further submitted that certified copy of the Order dated 08.05.2018
was sent to the following authorities for information and compliance: (a) The
Secretaries of Ministry of Home Affairs and Ministry of Women & Child
Development; (b) Director, NALSA; (c) Amicus Curiae; (d) all the States and
Union Territories; (e) Director, Sardar Vallabhai Patel National Police Academy
and all the police training academies and (f) Director General, Bureau of Police
Research & Development through Speed Post.
It is further submitted that compliance reports have been received from the
following High Courts:

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Information on High Court Petitions Filed