- (1.) We have seen the Note of Hearing submitted by learned amicus curiae. We have heard learned amicus curiae as well as learned Additional Solicitor General and other learned counsel. There are six issues for consideration today: 1. Under Trial Review Committee It is stated by Mr. Surinder S. Rathi, Director, NALSA that the Standard Operating Procedure (SOP) for Under Trial Review Committee is ready. Learned amicus curiae says that he will look into it and perhaps have some further discussion with NALSA. In any event, the SOP will be finalized on or before 30th June, 2018. As soon as the SOP is finalized, it should be circulated to all the District Judges and Under Trial Review Committees for implementation. If and when there are some constraints in the implementation of the SOP, it should be brought to the notice of NALSA so that necessary or corrective measures can be taken. No further orders are required to be passed on this issue. We compliment Mr. Rathi and others in NALSA associated in the drafting of the SOP and place on record our appreciation for their efforts.
(2.) Overcrowding in Prisons It appears from the Note given by learned amicus curiae that the issue of overcrowding in prisons is being taken seriously by the prison authorities. There are several prisons where the overcrowding is well beyond 100% and in some cases it exceeds 150%. In our opinion, this matter should be considered by each High Court independently with the assistance of the State Legal Services Authority/ High Court Legal Services Committee so that there is some sanity in the overcrowding in prisons since it involves violation of human rights. 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.
(3.) Vacancies in the prisons staff From the Note of learned amicus curiae, we find that once again there is little interest being shown by the prison authorities and the State Governments to recruit staff in prisons. This, of course, has its own impact on prison administration. Looking to the Note of learned amicus curiae, we are of opinion that this matter should also be taken up by each High Court. 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.;