Open-Prison Reforms Have Not Moved an Inch, Rules Delhi High Court in Suo Motu Proceedings on Open Correctional Institutions
Case: Suo Motu Proceedings on Open Correctional Institutions, Delhi
Date of Judgment: 28 October 2026
Court: High Court of Delhi
Coram: Acting Chief Justice Nitin Wasudeo Sambre and Sanjay Sharma
Court Observation
“Perhaps after order of the apex court the matter has not moved an inch ahead on reporting compliance on directions of the apex court.”
Summary
The Delhi High Court issued a contempt notice to the Director General (Prisons), Delhi, for failing to personally swear an affidavit detailing compliance with the Supreme Court’s directions on open prison reforms, and instead having a subordinate file an affidavit containing incomplete information. The Court observed that the Director General had shown complete disregard for the High Court’s orders, despite being specifically directed to look into the matter.
The Court also warned the State’s Chief Secretary of contempt over the government’s failure to implement the Supreme Court’s directions, noting that despite the top court’s direction and subsequent orders of the High Court, the government and prison authorities had failed to act. The Court deferred its decision on issuing a contempt notice to the Chief Secretary in view of assurances given by the government.
Key Holdings
- An officer specifically directed to look into compliance cannot discharge that duty by having a subordinate swear an affidavit with incomplete information.
- Where implementation of the Supreme Court’s directions appears to have stalled, the High Court, as the monitoring court, may issue a contempt notice to the officer responsible for compliance.
- Monitoring committee meetings on open prison reforms must be attended by officers not below the rank of secretary, as directed by the Supreme Court.
Directions Issued
- The contempt notice to the Director General (Prisons) is to be served within one week, and his response is to be filed by the next date of hearing.
- Replies on compliance are to be placed before the Court by 18 November 2026, and the matter is listed for further hearing on 20 November 2026.
- The next meeting of the monitoring committee, scheduled for 30 October 2026, is to be attended by the senior officers concerned.
Background
The proceedings arise from the Supreme Court’s directions of 26 February 2026 for the effective utilisation and expansion of Open Correctional Institutions across the country. The Supreme Court emphasised that open prisons must function as meaningful institutions of reform and rehabilitation, and directed all States and Union Territories to constitute monitoring committees headed by the Executive Chairman of the State Legal Services Authority. High Courts were directed to register suo motu writ petitions as a continuing mandamus to monitor compliance, in view of the lack of meaningful progress following its earlier directions in In Re: Inhuman Conditions in 1382 Prisons.
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Disclaimer: This is a summary prepared for informational purposes only and does not constitute legal advice. Readers should refer to the official judgment for the authoritative text.
