The Delhi High Court on Thursday questioned the jail authorities over delays in implementing the Supreme Court’s directions to provide open and semi-open prison facilities in the Capital.
Open and semi-open prisons are less restrictive correctional facilities available to eligible inmates.
A Bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma referred to the Supreme Court’s February 26, 2026, order, noting that it had prescribed a timeline for implementing its directions.
In its February 26, 2026, order, the Supreme Court directed States and Union Territories to address prison overcrowding, assess existing open correctional facilities, frame time-bound plans to fill vacancies and constitute monitoring committees within three months.
“Not only is the calendar not adhered to, but even substantial time, or double the time prescribed in the order has expired. There are no positive developments in the matter,” the Bench remarked.
The Bench directed the authorities to submit a flow chart detailing the progress made since the Supreme Court’s order. It said it would consider proceeding against the Director-General of Prisons if the explanation is unsatisfactory.
“If not satisfied, we will proceed against your DG (Prisons),” the court said, directing the authorities to submit the flow chart by October 27. The matter has been listed for October 28.
During the hearing, the Special Secretary (Home), who was present in court, said the Delhi government and prison authorities had held meetings on the issue.
He said the existing capacity of open prisons was 10 inmates, while semi-open prison facilities could accommodate around 76 inmates. Of the latter, Tihar Jail had a capacity of 40, with 24 inmates occupying the facilities, while Mandoli Jail had a capacity of 36, with 26 inmates.
Referring to the Supreme Court’s observation that occupancy in Delhi’s open and semi-open prison facilities had been as low as 6%, the officer said it had now increased to more than 50%.
The court, however, raised concerns over the functioning of the prison administration and how privileges were granted to certain prisoners.
“On the administrative side, under orders of the Supreme Court, we have a committee headed by a senior judge here. And all was not well during our last visit,” it said.
The court observed that some barracks housed only six prisoners enjoying such privileges, while others housed 300 or more.
“Your DG (Prison) is a mute spectator to all this. And nobody is answerable to this...,” the court remarked.
Published - October 16, 2026 12:54 am IST