The Delhi High Court on Wednesday issued a contempt notice to the Director General (Prisons), Delhi, for failing to personally swear an affidavit detailing compliance with the Supreme Court's directions on open prison reforms, after a subordinate instead filed an affidavit containing incomplete information. A division bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma observed that the DG Prisons had shown "complete disregard" for the court's orders despite being specifically directed to look into the matter.
Source: LiveLaw
The proceedings arise from the Supreme Court's directions of February 26, 2026 for the effective use and expansion of Open Correctional Institutions across the country, emphasising that open prisons must function as meaningful institutions of reform and rehabilitation. The apex court had directed all states and Union Territories to set up monitoring committees headed by the Executive Chairman of the State Legal Services Authority, and asked High Courts to register suo motu petitions to monitor compliance.
Source: Bar and Bench
The High Court noted that under its October 13 order the senior-most officer from Tihar Jail was expected to remain present with instructions, and that on October 15 the DG Prisons and the Principal Secretary (Home) had appeared and assured the court that a date-wise account of developments, in the form of a flow chart, would be placed on record. "Thereafter the least that was expected from the respondent was that the DG Prisons should swear an affidavit in the matter or that of Principal Secretary, Home," the court observed. Instead, the State relied on an affidavit sworn by a Superintendent at the Delhi Prisons headquarters.
The bench further recorded that only one meeting of the State Monitoring Committee, on September 1, 2026, had been held to implement the Supreme Court's directions, that the government had not nominated the competent officer required by the apex court, and that directions requiring rule amendments had not been implemented. It described the officials' approach as "callous and insensitive" and remarked that "perhaps after order of the apex court the matter has not moved an inch ahead on reporting compliance."
The contempt notice is to be served on the DG Prisons within one week. The Special Secretary (Home), who said he had recently taken over the department, sought two weeks to file a paragraph-wise compliance report and assured the court that senior officers would attend the monitoring committee meeting scheduled for October 30. The court deferred its decision on issuing a contempt notice to the Chief Secretary.
The matter has been listed for further hearing on November 20, 2026, with the court directing that replies be placed before it by November 18.