Case Note & Summary
This judgment arises from a criminal writ petition concerning the conditions in jails in the State of Goa. The High Court of Bombay at Goa had earlier, by order dated 3rd November 2004, appointed a Commission to inquire into the conditions in jails and make recommendations for improvement. The Commission submitted a comprehensive report on 14th December 2004, which the Court accepted in principle. The Court noted that the State had acquired 1,25,000 square metres of land at Curca, Tiswadi Taluka for construction of a new jail complex, which would accommodate 532 inmates. The Advocate General informed that approach road and fencing work had started, and construction would begin within six months from 1st April 2005, with the complex expected to be ready within five to six years. The new jail would have modern facilities and residential quarters for staff. The petitioner's counsel, appointed under the Legal Aid Scheme, highlighted serious issues including the mixing of hardened criminals with undertrials, and inadequate medical facilities at Aquada Jail, where prisoners complained that doctors did not visit and prescribed medicines were not provided. She also submitted that the State had not considered the Model Prison Manual of the Central Government. The Court directed the State to consider the Model Prison Manual and ensure proper medical facilities. The Court accepted the Commission's report and recommendations in principle and directed the State to implement them.
Headnote
A) Prison Law - Jail Conditions - Commission Report - The Court accepted the report of a Commission appointed to inquire into jail conditions and directed the State to implement recommendations, including construction of a new jail complex at Curca, Tiswadi Taluka, with capacity for 532 inmates and modern facilities, to be completed within five to six years. (Paras 1-4) B) Prison Law - Separation of Prisoners - Mixing of Hardened Criminals with Undertrials - The Court noted the serious problem of mixing hardened criminals with undertrials and directed the State to consider the Model Prison Manual of the Central Government to address this issue. (Para 5) C) Prison Law - Medical Facilities - Inadequate Medical Care in Aquada Jail - The Court observed that prisoners complained of doctors not visiting and prescribed medicines not being provided, and directed the State to ensure proper medical facilities. (Para 5)
Issue of Consideration
Whether the conditions in Goa jails, particularly regarding overcrowding, mixing of hardened criminals with undertrials, and inadequate medical facilities, require court intervention and directions for improvement.
Final Decision
The Court accepted the Commission's report and recommendations in principle and directed the State to implement them. The State was also directed to consider the Model Prison Manual of the Central Government and ensure proper medical facilities in jails.
Law Points
- Prison reforms
- separation of undertrials from convicts
- medical facilities in jails
- Model Prison Manual
- legal aid for prisoners
