1 CGHC010086382024 2026:CGHC:38791-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 18 of 2024 1 - In The Matter of Suo Moto PIL Concerned With The Welfare Of The Convicts And Their Dependent Family Members. ... Petitioner(s) Versus 1 - The State of Chhattisgarh Through Chief Secretary, Mahanadi Bhawan, Atal Nagar, Nava Raipur (C.G.) 2 - The State Of Chhattisgarh, Ministry of Home Through Principal Secretary, Home, Mahanadi Bhawan, Atal Nagar, Nava Raipur (C.G.) 3 - Director General Of Police Police Headquarter Sector - 19, Nava Raipur (C.G.) 4 - Director General ( Jail ) Police Headquarter, Sector - 19, Nava Raipur (C.G.) ... Respondent(s) For State : Shri Praveen Das, Addl. Advocate General. Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 02.09.2026 Per, Ramesh Sinha, CJ. 1 Suo motu cognizance was taken by this court on the basis of data collected from various jail situations in the State of Chhattisgarh. Data were collected from the Central Jails and District Jails situated in the State of Chhattisgarh with regard to (i) children living with female prisoners in jail (ii) details of convicts having conviction of more than 20 years of imprisonment and appeal has been dismissed from the INDRAJEET SAHU Digitally signed by INDRAJEET SAHU Date: 2026.09.02 17:07:24 +0530 2 Hon'ble Supreme Court of India (iii) the capacity of jail and total number of prisoners actually kept in jail (iv) number of prisoners who are skilled professionals like carpenter, plumber, painter, gardener, farmer etc. (v) number of prisoners who are senior citizens, and (vi) number of prisoners who tried to escape the jail. 2 A compilation was prepared which shows that there are 82 children living with female prisoners in jail. 340 convicts who have been convicted for more than 20 years of imprisonment and their appeals have been dismissed by the Hon'ble Supreme Court, the total capacity of Jails is 15,485 against which 19,476 prisoners are confined and a total number of 1,843 prisoners are skilled professionals, 504 are senior citizens and 4 prisoners had tried to escape the jail. As per above report, the number of prisoners confined in the jails is much higher than its actual capacity. Thus, the present PIL was registered suo moto in order to explore the possibility with regard to implementation of concept of open jail and whether the same would be feasible in the State of Chhattisgarh or not? 3 The paradigm of reformative punishment does not support the traditional inhuman jails with bars but is more liberal and supports the concept of open prisons, which is a trust-based prison with minimum security. The concept of open jail is not new in India and the State of Rajasthan, Maharashtra and Himachal Pradesh have the maximum number of active open prisons. An open jail provides a congenial atmosphere which would help the offender to socialize even before he is actually released from the jail. There are quite good number of prisoners who are skilled professionals whose services may be utilized and in turn they may also earn something for their future. 3 4 Thus, following the above concept, this court on 11.03.2024 directed the Chief Secretary of the State of Chhattisgarh to file an affidavit in this regard. In reply thereof, the Chief Secretary filed affidavit stating that the State has taken initiative for establishing open jail with capacity of 200 inmates at village Patharra District Bemetara and the said construction is likely to be completed by July 2024. Further, in order to make the open jail crowd-free, two special jails were stated to be planned, one at Bilaspur with capacity of 1500 inmates and other at Raipur with capacity of 4000 inmates. The matter was further directed to be listed on various occasions for further monitoring/progress of construction of open jail at village Patharra and the last being 03.09.2025. 5 Learned counsel for the State pointing out towards the order dated 03.09.2025 passed by this court, would submit that as per the affidavit filed in PIL No.11/2013, Open Jail was formally established vide notification dated 14.07.2026 and construction has already been completed and thereafter the Chhattisgarh Open Jail (Operation and Management) Rules, 2026 have also been notified vide Notification No. LAND-4303/74/2026/3-JAIL/346611, dated 13.08.2026, providing requisite regulatory framework for eligibility, selection and transfer of prisoners and management of the Open Jail. 6 In view of the aforesaid submissions made by the counsel for the State, the present PIL stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice inder