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The Supreme Court on Tuesday warned the Uttar Pradesh government against fudging data about the detention capacity across the state’s prisons. The report placed in the top court highlighted that Uttar Pradesh has increased the detention capacity of jails and suggested that the overcrowding in prisons is much less.
According to a note placed in the apex court by the Senior Advocate Gaurav Agarwal, it is not clear from the affidavit filed by the state of Uttar Pradesh how the detention capacity has been increased in its prisons. The top court was also informed that the Yogi government has filed no report regarding the state of women prisoners and children in the Jails as sought by the court in February.
Agarwal is assisting the court in suo motu proceedings initiated by the top court to check overcrowding in prisons across states in India.
Justice Ahsanuddin Amanulla said that time has come for the state of UP to pull its stocks.
Information about 67 jails were provided by the Uttar Pradesh authorities to the top court. There are 74 jails in the state.
“The undersigned would beg leave to draw attention of this Hon’ble Court to Annexure-5 of the affidavit, whereby the State has increased the detention capacity and suggested that the overcrowding is much less. It is not clear from the affidavit, how the detention capacity has been increased, whether it is a notional increase or an actual increase.” the note placed in the Supreme Court read.
The note pointed out that if the detention capacity is actually increased in Uttar Pradesh jails then it would mean that there are more barracks constructed, the staff required has been engaged, the kitchen facility, the washroom facility etc, all has been increased. “The affidavit is silent on these aspects. It appears that by mathematical formula detention capacity is shown to be increased.”
The note suggested that the top court direct the UP government to furnish the minutes of committee meetings of all the 74 jails and explain to the court how the detention capacity is sought to be increased.
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“It is to be noted that a large number of jails. There is overcrowding. In none of these cases, the recommendation made by the Committee to reduce overcrowding has been placed on record. Though the State in its affidavit has mentioned that certain new jails/wards have been started or would be operational soon or are under construction or proposed, there is no time limit mentioned. It is not clear whether the said proposals will be able to reduce the overcrowding in the identified jails,” the Supreme Court was told.
The court observed that if the increase in detention capacity shown by the UP government is found to be misleading, then it is not just misleading but fudging of date and hoodwinking the court.
“Remember consequences will be drastic if a state does this to the court.” the bench warned the counsel appearing for Uttar Pradesh government.
Amicus Curiae Gaurav Agarwal in his note has placed information regarding state of prision across states and told the court that 16 states are facing the issue of overcrowding in prisons. He also highlighted the dismal condition of women prisoners and lack of doctors, gynaecologists, separate walls in washrooms, etc.
It might be recalled that the Supreme Court in February had issued several directions to states over handling the problem of overcrowding in prisons and state of women prisoners and children lodged in jails across India. The court had sought reports from all state authorities on the state of facilities available for women with children in prisons after reports alleged that women were getting pregnant inside West Bengal jails.
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