Delhi High Court issues contempt notice to prisons chief over open jail lapses

The Delhi High Court issued a contempt notice to the prisons chief over unfulfilled open jail directions. The bench said prolonged inaction undermined Supreme Court-mandated prison reforms and inmate rehabilitation.Newdelhi,Oct 28, 2026 20:52 ISTThe Delhi High Court on Wednesday issued a contempt notice to the director general of prisons over non-compliance with judicial directions on facilities for inmates in open and semi-open prisons, news agency Press Trust of India reported.The court said the prison authorities had shown “complete disregard” for its orders. It also warned that a contempt notice could be issued to the Delhi chief secretary, observing that the authorities were taking lightly a matter in which the Supreme Court had directed states and Union Territories to develop a protocol for open correctional institutions and identify prisoners eligible for transfer to them.A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma said no compliance had been reported despite eight months having passed since the Supreme Court's order. It said the Delhi government and prison authorities had taken hardly any steps.The bench noted that despite the Supreme Court's February 2026 direction and subsequent High Court orders, the authorities had failed to act and the matter had “not moved an inch”. The bench objected to the absence of the director general of prisons from the proceedings. It said he had shown “complete disregard” for the court's orders by not appearing and by asking a subordinate officer to submit an affidavit containing incomplete information.The court also criticised what it called the “complete callous and insensitive approach and attitude” of officials responsible for reporting compliance with the judicial order. The High Court was hearing a public interest litigation petition initiated on its own over semi-open and open prisons in Delhi. It had earlier directed the Delhi government to file an affidavit detailing the steps taken to comply with the Supreme Court's February 26 order.According to the Supreme Court's direction, every state and Union Territory must constitute a monitoring committee headed by the executive chairman of the state legal services authority or their nominee to manage open correctional institutions.During the hearing, the bench asked whether the Delhi government had framed new rules or amended existing ones as directed by the Supreme Court. Delhi government standing counsel Sanjay Lao, acting on instructions from officials, said this was not required. The bench then asked whether it should record the government's statement that no amendment or modification of the rules was needed.The court noted that the Supreme Court had directed governments not to send officials below the rank of secretary to meetings of the monitoring committee. Despite this, a deputy secretary-rank official had attended a meeting, it said.“You send your jokers to the monitoring committee meeting before the Delhi State Legal Services Authority chairman. Do you want us to show the minutes of the meeting, whom you are nominating to attend the committee meeting?” Justice Sambre said, according to PTI.“We don't want to wash dirty linen in our order about what the government has done here,” he added.When the Delhi government counsel tried to explain the steps taken by the authorities, the bench said the matter was being treated too lightly and described the claimed compliance as a complete “eyewash”. “You are not made answerable; it is the High Court which is made answerable to the Supreme Court,” the bench said.The government counsel and the special secretary of the home department assured the court that they would present details of compliance at the next hearing. The counsel also said the monitoring committee's next meeting, scheduled for October 30, would be attended by senior officials of the Delhi government and prison authorities with complete instructions and reports.Following these assurances, the court deferred issuing a contempt notice to the Delhi chief secretary. It directed the director general of prisons to respond to the contempt notice by November 18 and listed the matter for further consideration on November 20.The High Court had earlier said the monitoring committee must oversee the use, functioning and expansion of open correctional institutions. It must also facilitate the timely identification and transfer of eligible prisoners from closed prisons, conduct periodic reviews and address systemic obstacles to implementing the Supreme Court's directions.The Supreme Court had on February 26 directed all states and Union Territories to develop a time-bound protocol for filling vacancies in open correctional institutions and open barracks. It also directed them to expand open correctional infrastructure by establishing new institutions and creating open and semi-open barracks within existing closed prisons.Semi-open and open prisons allow convicts to work outside the prison during the day to earn a livelihood and return in the evening. The system is intended to help them reintegrate into society and reduce the psychological pressure associated with returning to normal life.For effective compliance and monitoring, the Supreme Court directed all High Courts to register petitions on their own to oversee implementation within their jurisdictions. The Delhi High Court's proceedings will continue on November 20, with the prison chief required to answer the contempt notice and the government expected to report full compliance.- Ends