Maha jails cramped at double capacity amid 40% staff shortage, HC gives 2-week ultimatum

Time of India

03-05-2025

Nagpur: Raising concern over deteriorating conditions in Maharashtra's overcrowded prisons, the Nagpur bench of Bombay high court recently gave a two-week ultimatum to state govt to submit detailed data on staff shortages, recruitment timelines, and the per-inmate expenditure in jails across the state.
A division bench of Justices Nitin Sambre and Vrushali Joshi, while hearing a criminal writ petition filed by Nanded-based undertrial Sachin Lone, took exception to the incomplete affidavits filed by the state's principal secretary (appeals & security) and the special inspector general of prisons.
The court warned that it was "compelled" to consider issuing contempt notices, observing that officials "intentionally avoided" complying with its March 20 order directing submission of prison-wise staffing data, vacancy percentages, and details of the last official review of staffing needs.
The judges flagged the systemic understaffing plaguing prisons, noting that "almost every prison in Maharashtra is overcrowded" and in some facilities, "the number of inmates lodged is double the sanctioned capacity". They said this burden severely compromises prison administration and leads to delays in decision-making, especially on prisoners' applications.
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"Recruitment underway will only address 25% of the vacancies. Still, around 15% will remain unfilled, for which immediate steps are necessary," the bench said, referring to the state's own affidavit that cited a 40% shortfall in sanctioned staff strength.
Justice Sambre also referred to his recent official visit to Nagpur Central Jail with Supreme Court judge and SC Legal Services Authority chairman Justice Bhushan Gavai. "We found the staff-to-inmate ratio alarming. The number of sanctioned staff itself is inadequate, and vacancies only worsen the situation. Prisoners were found to be suffering from skin ailments and infections. We were told medical staff was insufficient, forcing reliance on govt hospitals," he said.
The judges stressed that all jails must have 24x7 availability of medical personnel, including physicians and psychiatrists, and cited Supreme Court's landmark Sunil Batra versus Delhi Administration judgment affirming prisoners' fundamental rights.
Citing the India Justice Report-2025, petitioner's counsel Ratna Singh, assisted by Arpit Wagide, pointed out that Maharashtra reportedly spends just Rs47 per inmate daily, compared to Rs733 in Andhra Pradesh. While the court said it was not accepting those figures as accurate, it directed the state to disclose its actual per-prisoner expenditure.
The court also criticised the state's failure to provide cadre-wise vacancy data and called for urgent attention to the health and living conditions of inmates in overcrowded prisons.
By way of a "last chance," the bench directed the additional chief secretary (Home) and the additional director general (prisons) to file a fresh affidavit by May 5. The next hearing is slated on May 6.
BOX
KEY TAKEAWAYS IN HC ORDER
* Expressed concern over overcrowding, with some jails housing double their sanctioned capacity
* Warned of possible contempt action for failure to comply with March 20 directives.
* Highlighted poor medical care, including lack of 24x7 doctors, psychiatrists, and skin infection treatment
* Quoted fundamental rights of prisoners as per Sunil Batra judgment
* Granted last chance to file a detailed affidavit by May 5, or face action
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