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On Friday, the Calcutta High Court bench of Chief Justice Prakash Srivastava and Justice Rajarshi Bharadwaj ordered the state government to submit a fresh report in the form of an affidavit in respect of - overcrowding in prisons, mental health problems faced by prisoners, and the issue relating to non-functioning of bodies and filing up of vacant posts in prisons across the state.

The Court was hearing a suo-moto case concerning the conditions of prisons and prisoners across the state. The case was in pursuance to a Supreme Court directive in 2018 in Re: Inhuman Conditions in 1382 prisons.

Advocate General Soumendra Nath Mukherjee (AG) submitted that pursuant to the Court's order dated January 8, 2021, the state has released 33 terminally ill patients except only 2 . One of the prisoners is not willing to move home and the other prisoner continues to be there pursuant to the order of District and Sessions Judge. However, the AG submitted that further research needs to be conducted to find out if any more terminally ill prisoners are there, which needs to be brought on record. 

Per contra, the counsel appearing for the intervenor NGO submitted to the Court that only 16 terminally ill prisoners have been released and the rest are still lodged in prisons. The counsel also pointed out the issue of overcrowding in prison, which needs to be noted. Further, Advocate Joveria Sabbah representing on the the petitioners submitted that 16 terminally ill prisoners are still lodged in correctional homes, according to RTI replies. 

To this the AG replied that all issues can be forwarded to him. He also pointed out that the issue of over-crowding needs to be dealt with on a state level. 

The Court took note of the fact that there are 1100 prisoners living in a Malda prison which is built to house only 300 prisoners. The Court thus directed the state to submit a report concerning all the above issues. At this juncture, amicus curiae Sabyasachi Chatterjee apprised the Court that he has formulated certain issues. The Court directed all parties to submit a compilation of information to the amicus curie which he shall forward to the AG. 

The matter is set to be heard on March 11, 2022.

The Court in its own motion: In re: Overcrowding in prisons