Himachal Pradesh High Court: The Division Bench of M.S Ramachandra Rao, CJ., and Jyotsna Rewa Dua, J., stated that respondents should file a status report as to why the Kishanpura Jail, Nalagarh had not yet been made operational and when the recruitment of Warders in the Department of Prisons and Correctional Services, Himachal Pradesh would be completed and when they would be posted for duties. The status report should also indicate when the works which were to be done in Kishanpura Jail, Nalagarh would be completed so that the jail could be made fully functional.
The Court after perusal of the status report dated 02-01-2024 filed by the Director General of Prisons & Correctional Services, Himachal Pradesh opined that as per the Himachal Pradesh Prison Manual, 2021 (‘Prison Manual’), there was a requirement of atleast one Medical Officer for every 300 persons. Admittedly, there were 2808 prisoners in 14 jails functional in the State, but there were only 4 posts of Medical Officers in the jails, which were claimed to have been filled up. However, the requirement as per Prison Manual was there ought to be at least 9 Medical Officers. The Court stated that the respondent should explain why this norm of Prison Manual was not being complied with.
Further, the Court stated that respondents should also file a status report as to why the Kishanpura Jail, Nalagarh had not yet been made operational and when the recruitment of Warders in the Department of Prisons and Correctional Services, Himachal Pradesh would be completed and when they would be posted for duties. The status report should also indicate when the works which were to be done in Kishanpura Jail, Nalagarh would be completed so that the jail could be made fully functional.
The matter would next be listed on 24-06-2024.
[Court on its own motion v. State of H.P., 2024 SCC OnLine HP 1748, Order dated 15-05-2024]
Advocates who appeared in this case:
Amicus Curiae: Ankush Dass Sood, Senior Advocate as Amicus Curiae with Gaurav Chaudhary, Advocate.
For the Respondents: Anup Rattan, Advocate General with Pranay Pratap Singh, Additional Advocate General; Aman Sood, Advocate; Farhana Khan, Advocate vice Vandana Misra, Advocate.
