Notify OCI panel now, HC tells govt

PANAJI
The High Court of Bombay at Goa on Tuesday directed the State government to immediately notify the constitution of a State Monitoring Committee, even as it flagged delays and gaps in the move towards implementing the Supreme Court-mandated Open Correctional Institution (OCI).
The direction came after the State informed the Division Bench of Justice Valmiki Menezes and Justice Amit Jamsandekar that a file had been moved to appoint a senior prisons official to the committee to steer prison reforms in line with the apex court’s orders.
The committee is expected to be constituted by May 12, with the Home Department represented by the Secretary (Home) or a nominee not below the rank of Deputy Inspector General of Prisons, to chair it.
Taking note of the submission, the Bench, which is hearing suo motu public interest litigation, stated that a formal notification must be issued immediately.
During the hearing, the State further informed the court that it has granted in-principle approval for setting up a semi-open jail on a 30,000 sq m plot at Colavle, adjacent to the existing Colvale Correctional Home. The court, however, observed that the approval pertains to a semi-open jail and not to OCI as envisaged by the Supreme Court.
Faced with this, the State indicated that it would consider converting the semi-open jail proposal into an OCI. Recording the submission, the High Court observed that since land has already been earmarked and in-principle approval granted, the government could proceed to prepare a plan aligned with the apex court’s directions.
“Considering that the Government of Goa granted permission to set up a semi-open jail, we are of the opinion that since the land is earmarked and in principal approval is accorded, the government could prepare a report… which could be incorporated to set up OCI in line with SC order,” the Bench observed, directing the Home Department to prepare the report.
The court also directed that a panel be constituted to deliberate on the OCI framework and submit a detailed report to the monitoring committee by June 15. The matter has been posted for further hearing on June 17.
The High Court on April 17 initiated SMPIL, taking note of the SC’s March 2 ruling, which directed all States and Union Territories to establish and expand OCIs in a time-bound manner.
It was observed that in many States, prisoners were being kept in closed prisons for long periods ranging from four to 12 years, and in some cases up to 21 years before being considered for transfer to open facilities. The court had also raised concerns over the limited nature of vocational training offered in many prisons, noting that rehabilitation programs often remained confined to agriculture and traditional labour. Such an approach, it said, reduced open prisons to mere “agricultural camps” rather than institutions aimed at structured rehabilitation and reintegration into society.
The High Court, in its very first hearing, observed that while Goa has a modern prison facility, it does not appear to have a “modern mindset” in adopting reformative correctional practices.