The Supreme Court asked the Rajasthan government not to alter any further, the layout plan of an open-air prison in Jaipur and outlined its purpose to bring inmates to society's mainstream.
A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih was hearing a contempt plea against chief secretary alleging tampering with the proposed layout plan meant for the construction of an open jail in Jaipur on a plot measuring 17,800 square metre.
Rejecting the contempt plea, the bench said inmates will get decent housing and place for recreation if the project is completed.
The top court was hearing a PIL to explore the possibility of setting up open prisons as a solution to overcrowding and inhumane conditions in traditional jails in the country.
Semi-open or open prisons allow convicts to work outside the premises during the day to earn a livelihood and return in the evening.
What is the concept?
The concept was introduced to assimilate the convicts with society and reduce psychological pressure as they faced difficulties in leading normal lives outside.
“The main purpose is to bring them into the mainstream of society. We direct the state government to file an undertaking that the layout plan as prepared and approved by …will not be altered any further,” the bench ordered.
Dealing with the plea, the bench noted that the proposed open jail and the adjacent hospital in Jaipur are separated by an over 34-meter wide road.
“We do not find any reason to interfere with the present contempt plea. Vide our earlier order, we had directed the Registrar of this court to inspect the site and submit a report. Judges of this court have physically inspected the premises. The report reveals that the proposal of the state for establishment of a hospital and modernisation of open prison is a feasible one,” the bench said.
Rejecting the contempt plea, the bench said inmates will get decent housing and place for recreation if the project is completed.
The bench, however, said that the open area in the premises of open prison cannot be used by the patients and their relatives who would be visiting the proposed hospital after it is constructed and made functional.
We further direct that the open recreational space can be used by the inmates and their children only,” the top court said.
The top court had previously directed several states and union territories to provide complete information on open prisons.
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