"Will direct presence of Chief Secretaries": SC cautions States, UTs for not submitting info on open correctional facilities

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Synopsis

Court has accordingly asked all states and UTs to fill and submit two of the forms required by it within four weeks

The Supreme Court recently has cautioned States/Union Territories of Gujarat, Haryana, Jammu & Kashmir, Maharashtra, Manipur, Nagaland, Telangana, Uttar Pradesh, Dadra & Nagar Haveli, Daman & Diu, Lakshadweep, Puducherry and Ladakh), who have not yet filed their response over the presence of open correctional institutes.

On 15th July, 2024, the top Court had directed to the Chief Secretary of the various States/Union Territories to submit their response to its earlier order dated 17th May, 2024 seeking requisite data.

A bench of Justices BR Gavai and KV Vishwanathan was further told that the NCT of Delhi, Himachal Pradesh, Madhya Pradesh and Punjab had not submitted qualitative/quantitative charts, despite the questionnaire indicating that these states have Open Correctional Institutes.

It was further stated that the affidavits filed by the State of Andhra Pradesh and Tamil Nadu also did not contain all the requisite specific information.

"We, therefore, direct that all the States/Union Territories, which have not yet filed their response, to file complete response within a period of four weeks from today....The States/Union Territories, which have not given complete information, shall also give complete information within a period of four weeks from today", court has directed accordingly.

Court went on to clarify that if any of the State Governments or Union Territories does not respond in terms of the orders passed by it, the court would be compelled to direct the presence of the Chief Secretary of the States/Union Territories concerned before it.

Case Title: Suhas Chakma vs. Union of India