HC refuses to entertain PIL on the overcrowding of Tihar Jail

The Delhi High Court on Monday refused to entertain a PIL seeking to call for probation report of Tihar Jail inmates to consider releasing first time offenders accused of offences punishable with imprisonment of less than three years to reduce overcrowding.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, however, allowed the petitioner to withdraw the plea and file a fresh one after better research.

“Do your homework and then file a fresh petition,” the bench said.

The petition, filed by organisation Nyaya Foundation, said the number of inmates in Tihar Jail has exceeded the actual capacity of each barrack and there is an increase of up to 500 per cent in the total population of inmates in the complex.

The plea said the office of Director General of Prisons, in response to an RTI query, has stated that Tihar Jail has a capacity to house 5,200 inmates, but 13,183 prisoners are currently lodged in its different facilities.

It said a probation report be called and considered for releasing on bail the inmates who are first time offenders lodged in cases which are punishable with imprisonment of less than three years to reduce overcrowding.

The very purpose of putting an accused behind bars is to resort to reformation of the detainee so that he may be reinstated in the society with good behavior and conduct, it said.