LawChakra

[Sanganer open-air jail] Open-Air Jail vs Hospital: Supreme Court Balances Needs in Rajasthan Dispute

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The Rajasthan government criticized a Supreme Court plea claiming it reduced the Sanganer open-air jail area for a hospital construction, labeling it “sponsored litigation.” The court ordered an inspection of the site to assess compliance with its prior order prohibiting area reduction. The case highlights the need for balance between prisoner rehabilitation and community healthcare.

Rajasthan: The Rajasthan government on Monday (Nov 25th) opposed a Supreme Court plea accusing it of reducing the Sanganer open-air jail campus area in Jaipur for constructing a 300-bed hospital, terming it “sponsored litigation.”

A bench of Justices B R Gavai and K V Viswanathan directed the apex court’s registrar to act as a court commissioner to inspect the site and submit a report. The court was hearing a contempt plea alleging Rajasthan’s “wilful disobedience” of its May 17 order, which barred reducing the area of open-air prisons in the country.

Open-air prisons allow convicts to work outside during the day and return in the evening, promoting assimilation into society and reducing psychological pressure.

Solicitor General Tushar Mehta, representing Rajasthan, asserted that the “state has neither reduced nor attempted to reduce the Sanganer open-air camp area.” According to government revenue records, the allotted area for the prison is 1.78 hectares, and the hospital construction site is “totally outside” this space.

Mehta described the petition as filed by a “public-spirited man” from Assam and suggested it was “sponsored litigation.” He clarified, “The hospital construction should not be stayed. That is the intended purpose.”

Senior advocate S Muralidhar, representing the petitioner, countered that there was no objection to the hospital but stressed that the open-air prison must remain operational.

The bench emphasized the need for balance:

“There has to be a balance between the needs of having an open correctional home and also a hospital catering to citizens in the vicinity.”

It appointed the court’s registrar as a commissioner to inspect the site and submit a report before the December 16 hearing.

The May 17 order previously highlighted that open jails could address overcrowding and aid prisoner rehabilitation. The Supreme Court’s intervention now seeks to ensure compliance while considering community healthcare needs.

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