The Gauhati High Court has taken up a suo motu case to keep watch over the functioning of open prisons in Assam, following a Supreme Court direction asking every High Court in India to do the same.
The matter was heard by a division bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, who noted that open correctional institutions — despite their potential as tools of rehabilitation — are largely not functioning as intended on the ground.
Also Read: Gauhati HC cancels bail procured by accused through fraud
Unlike conventional jails, open prisons are facilities where selected inmates live in a relatively normal environment.
Prisoners in these institutions are permitted to leave during the day to work or acquire skills, and in some cases, to stay with their families. The model is designed to gradually prepare convicts for life after their sentence — with the emphasis on reform and social reintegration rather than pure punishment.
The Supreme Court took note of the state of open prisons while hearing a PIL filed by an activist, observing that these institutions hold genuine promise as places of prisoner transformation — but are failing to deliver on that promise.
The SC found that its earlier directions in the landmark "Inhuman Conditions in 1382 Prisons" case had produced little meaningful improvement in the situation.
It concluded that a more targeted, practical approach was needed — one with clear timelines, structured oversight, and real accountability.
The SC's directions are specific and time-bound. Every state and union territory must establish a dedicated monitoring committee for open correctional institutions.
The committee must be headed by the executive chairman of the State Legal Services Authority or a retired High Court judge, and must include senior officials from both the Home Department and the Prisons Department.
Its mandate covers three areas: ensuring open prisons are built where needed, identifying eligible prisoners and transferring them promptly, and making sure the institutions are actually functioning as required.
The key deadlines set by the Supreme Court are:
Four weeks from the order for states to form the monitoring committee
August 21, 2026 — deadline for submitting the first progress report to the respective High Court
March 31, 2027 — date by which High Courts must send their first annual summary report to the Supreme Court
Following the SC's direction, the Gauhati High Court registered suo motu writ petition WP(C)(Suo Moto)/1/2026 to exercise continuous oversight over Assam's compliance.
The bench ordered respondents to file detailed affidavits within three weeks and scheduled the next hearing for April 22, 2026.
The court expressed the expectation that the monitoring committee mandated by the Supreme Court would be constituted by that date.
The High Court underlined the spirit behind the entire exercise in clear terms.
"The entire purpose is to turn open prisons into real tools of dignity, equality, rehabilitation and social reintegration instead of letting them remain unused or ineffective," the bench noted.
The suo motu case will remain active, ensuring that the state's progress — or lack of it — remains under continuous judicial scrutiny.