Question : NHRC DIRECTIVE TO CHIEF JUSTICE OF HIGH COURTS



(a) whether the NHRC recently asked all the Chief Justices of High Courts to tackle overcrowding in jails and long pendency.

(b) if so, whether in view of overcrowding in jails,the Government propose to extend assistance to High Courts for the disposal of pending cases; and

(c) if so, the details thereof.

Answer given by the minister


THE MINISTER OF LAW, JUSTICE AND COMPANY AFFAIRS (SHRI RAM JETHMALANI) :

(a) Yes, Sir.

(b) and (c) Both Government and Judiciary are concerned with overcrowding in jaiis which is primarily due to the presence of a large number of undertria! prisoners. The Supreme Court of India has recently issued some directions in the case - R.D. Upadhyay Vs. State of Andhra Pradesh and Others regarding speedy disposal of cases involving undertrial prisoners.

The High Courts of Bombay, Calcutta, Gujarat, Himachai Pradesh, Jammu and Kashmir, Kerala, Madhya Pradesh, Punjab and Haryana and Sikkim have informed that necessary steps are being taken to speed up the disposal of undertrial cases. The High Court of Delhi, vide its Judgement dated 25.11.1999 in Crl. Writ 681/99, Essang Nyong and Others Vs State of New Delhi, has directed the State Legal Services Authority to explore the possibilities of holding Lok Adalats for taking up the cases of prisoners involved in petty crimes.

In pursuance of the directions of the Supreme Court of India, the Central Governments has also written to all the State Governments and UT Administrations to take urgent necessary steps for expeditious disposal of cases of undertrials who are languishing in various jails in the country.