While hearing a Public Interest Litigation (PIL) concerning the over-crowding of jails around the State, the Division Bench of Chief Justice Dr S. Muralidhar and Justice Gourishankar Satapathy asked the District Legal Services Authorities (DLSAs) to pay unannounced visits to jails in their respective jurisdictions to assess prison conditions. 

Department of Prisons filed an affidavit indicating that in the Jajpur District of Orissa, the overcrowding has been reduced from 77% to 48% as of February 22, 2023, with the shifting of some of the prisoners to the nearby jails. To keep the Good Mental, DG informed the Court that an advertisement will be issued very soon for filling up the posts of Psychiatric Social Workers (PSWs) and Clinical Psychologists. 

The Court noted that there have been reductions in overcrowding percentage in most sub-jails except the sub-jail, Malkangiri where it has gone up from 37% to 45%. The Director General (DG) of Prisons, stated that the above over-crowding was due to the construction of the boundary wall, which is expected to be completed by the end of April 2023 and the percentage will accordingly go down. 

The Court further discussed the availability of an ambulance in the Jail, the Court was informed that previously, Government have provided 20 ambulances allocated to the most crowded jails and sub-jails. Thus, it directed:

“Considering that there are 87 jails and sub-jails in Odisha, a direction is issued to the Home Department to ensure that at least 10 more ambulances are provided to the Prisons Department for use in the jails and sub-jails. This must be done by the end of May 2023.”

The Court was also informed that the proposal for restructuring the prisons is under active consideration by the Government. Thus, a direction was issued to the Additional Chief Secretary, Home Department to place before the Court by the next date the decision of the Government thereon. Lastly, all the Secretaries of the DLSAs were directed by the Court to undertake unannounced visits within the next two months to the respective jails and sub-jails in their jurisdiction and submit reports to the Court before May 31, 2023.