Court On Own Motion vs State Of Tripura

Akil Kureshi, CJ

In this public interest petition initiated suo motu by the High Court, certain issues touching the jail inmates of the Tripura State are being examined by the Court. Learned advocate Mr. Arijit Bhowmik has been appointed as an amicus curiae to assist the Court. He had visited the nearby jail and filed his affidavit dated 05.01.2019. On the basis of the contents of the affidavit he pointed out that 3(three) main areas of concern were as under:

(i) Overcrowding of certain jails;

(ii) Non-availability of basic medicines in various jails;

(iii) Provision for sufficient ration for daily requirement of each prisoner.

The respondents have filed affidavits thereafter. Our attention is drawn to the latest affidavit dated 09.12.2019 filed by one Sri Rajat Kumar Debbarma, Deputy Secretary to the Government of Tripura, Department of Home (Jail). In such affidavit, he has pointed out that there was temporary overcrowding of Sub-Jail at Dharmanagar. However, subsequently 12 convicted accused have been shifted from Dharmanagar to Kendriya Sansodhanagar, Bishalgarh and a construction of additional building for accommodating additional 125 prisoners is near completion. Learned amicus curiae would agree that this would substantially resolve the issue of overcrowding of the jails.

In another affidavit dated 26.04.2019 filed by the Deputy Secretary, Department of Home (Jail), it is further pointed out that:

"5. That so far as question of supply of medicines to the inmates is concerned Markfed, Badharghat, Agartala supplies medicines as per requisition of the Medical Officer, Kendra Sansodhanagar, Bishalgarh, Tripura on the basis of prescription of Medical Officers attending the Jail inmates.

That I say that, medicines are also purchased from local market on the basis of prescription given by the Medical Officers.

That I say that, on the cases of treatment and medicine of inmates, Jail Authority had communicated with the Secretary, Health & Family Welfare Department, Government of Tripura and requested for posting doctors in all the District Jail and Sub-Jails vide this Office letter No.F.1-29/IGP/2018/318 dated 15/01/2019 (copy enclosed at Annexure-R2). Accordingly, the Deputy Secretary, Health has taken initiative and requested all Medical Superintendents & Sub-Divisional Medical Officers to provide one Medical Officer to visit nearby Jail once in an every week (copy of the letter enclosed at Annexure-R3). Thereafter a letter was issued by the Inspector General of Prisons, Tripura to all Superintendents and directed to contact their nearby Medical Superintendent/SDMO for visit of one Medical Officer to their concerned Jails once in a week.

That I say that, on the other hand, there is a Medicine Purchase Committee constituted for Kendriya Sansodhanagar, Bishalgarh (copy enclosed at Annexure-R4). Last medicine purchase committee meeting held on 21/08/2018. (Copy of the minute enclosed at Annexure-R5). The medicines are purchased from the Markfed, Badharghat, Agartala as per requisition of the Medical Officer, KST, BLG. The Medicine which could not be supplied from Markfed, such medicine are purchased from retail medical shops including emergency medicine as per prescription of the Medical Officer GBP Hospital, Agartala. In case of emergency when patient admitted at AGMC & GBP & other hospital such medicine are purchased from local Medical stores on cash payment basis. In other Jails medicine are being purchased from Local Medical shops as per prescription of visiting medical officer & also Hospitals. The Jail Authority tries to provide medicine to the patient inmates as early as possible."

The issue of availability of medical assistance and medicines would also thus stand addressed.

The sole surviving issue is supply of sufficient ration for the daily requirement of the jail inmates. The learned amicus curiae had pointed out that the Bengal Jail Code prescribes a ration of 700 grams of rice per day for a convict and 613 grams for under trial prisoner. Unless there is any conscious change in the policy such quantity of food grains must be provided by the jail authorities.

In this context in the said affidavit dated 26.04.2019 the deponent has stated as under:

"9. That I say that, recently the Food, Civil Supplies & CA Department are supplying rice as per study report of the Indian Council of Medical Research. As per study report of the ICMR the Food, Civil supplies & CA Department daily requirement of rice for a person is estimated @500 gm per head and based on the same the concerned department has allotted rice for Prisoners, copy of the letter of Food, Civil supplies enclosed at Annexure-R6. However, Jail authority providing Rice as per Bengal Jail Code Rice for convicted prisoner are supplied 700 gm and for under trial prisoner 613 gm per head per day. As a result the Jail authority facing shortage of rice and sent requisition to the Food, Civil Supplies & C.A. Department to allot additional APL Rice and the Department provided the same (copy of the Addl. Rice allotment is enclosed herewith at Annexure-R7.)"

As per this statement thus though the study report of Indian Council of Medical Research recommends a requirement of 500 grams of rice per person per day which recommendation seems to be favoured by the Food & Civil Supplies Department, the jail authorities are following the prescription contained in the Bengal Jail Code and are supplying 700 grams of rice per convicted prisoner and 613 grams for every under trial prisoner (presumably the difference in quantity would be on account of the fact that the convicted prisoner would be put to manual work as part of rigorous imprisonment handed down to him).

In the later affidavit dated 09.12.2019, however, slightly discordant note is sounded. In the said affidavit, it is stated that request was made to the Joint Secretary, Ministry of Consumer Affairs, Food and Public Distribution, Government of India for allotment of the rice as per the recommendations contained in the Bengal Jail Code. However, by a communication dated 04.09.2019 the Government of India informed the State Government that the Central Government did not agree to the said proposal. The affidavit further states that the Government of Tripura has by a memorandum dated 04.12.2019 permitted the respective Sub Divisional Magistrates to issue delivery order in respect of rice @500 grams per head per day.

We notice that in the letter dated 04.09.2019 from the Under Secretary of Government of India to the Prisons Directorate, Government of Tripura also it is clarified that for additional requirement over and above the entitlement the State Government may approach the said department and depending on the availability of the food grains in the Central Pool additional allocation for distribution can be considered.

Whatever be the ambiguity in the stand of the department in the said affidavit dated 09.12.2019 learned Advocate General clarified on the instructions from Sri Bani Kanta Debbarma, Jailor, Nodal Officer who is present before the Court that all jails in the State are following the prescription for supply of food grains as contained in the Bengal Jail Code and allocation of 700 grams of rice per convict per day and 613 grams per under trial prisoner per day is being made.

This clarification would take care of the third issue raised by the amicus curiae. In our opinion, therefore, this public interest petition can be closed. We may, however, observe that if there is any requirement of deviation from the presently followed pattern of supply of food grains in terms of the Bengal Jail Code due to passage of time, the same shall be done only after collection of full material in this respect and a conscious decision being taken by the State Government at the highest level.

With these observations, this public interest petition is disposed of.