PANAJI
Finding Goa's prison rules inadequate to establish and regulate open correctional institutions, the High Court of Bombay at Goa has set in motion a twin-track process of drafting new prison regulations and conducting a nationwide study of successful open jails, including a visit to Rajasthan's Sanganer facility, to pave the way for Goa's first open prison.
Hearing a suo motu petition on compliance with Supreme Court directions relating to open correctional institutions, the Division Bench of Justice Valmiki Menezes and Justice Hiten Venegavkar expanded the expert committee constituted earlier and ordered an on-site assessment of successful open prison models across the country.
The court observed that after examining the committee's report and data collected from various open correctional institutions nationwide, the Sanganer Open Correctional Institution in Rajasthan emerged as a model facility capable of offering valuable insights for Goa's proposed initiative.
"Based on this data, in our opinion, the Sanganer Open Correctional Institution in Rajasthan appears to be an Open Correctional Institution from decades ago and offered the best insights for the committee appointed by this Court," the Bench noted.
The court also directed the Home Department to include prison reform expert Smita Chakraburtty, trustee of Prison Aid and Action Research (PAAR), in the committee. The justices observed that Chakraburtty had played a key role in guiding and establishing the Sanganer facility and that her expertise would be valuable in Goa's efforts.
The committee currently comprises prison officials, architects, sociologists, psychologists and representatives associated with prison welfare. It was constituted following the court's earlier directions issued on May 6.
The Bench further instructed the Home Department to arrange a study tour for all seven committee members to Rajasthan and consider visits to other open prisons, including those at Buxar in Bihar and Yerawada in Pune. The State government has been directed to bear the travel and related expenses.
In another significant development, the High Court noted that the Goa Prison Rules, 2021 do not contain provisions governing the establishment or functioning of open correctional institutions. To address the legal vacuum, the Bench constituted a separate six-member committee of legal experts, prosecutors and advocates to draft amendments and prepare a framework for incorporating open prison provisions into the Goa Prison Rules. The committee has been tasked with preparing draft rules and placing its recommendations before the court within three weeks.
The matter has been posted for further hearing on July 8.
