In a major development, the Supreme Court of India has appointed a Registrar as the “Court Commissioner” to inspect the Sanganer open-air prison in Rajasthan. This follows a contempt petition filed by the petitioner who alleged that the Rajasthan Government has encroached part of the prison area for the construction of a new 300-bed hospital.
Balancing Competing Needs
On November 25, 2024, the Supreme Court underlined the need to balance the requirements of an open correctional home with those of a hospital that caters to the needs of local residents. Solicitor General Tushar Mehta, representing the State of Rajasthan, showed a map indicating the location of the proposed hospital and argued that the area meant for the prison had not been reduced. He said that at present, a 50-bed hospital is available in Sanganer, but the newly constructed one would definitely enhance access to the health facility in that region.
The Solicitor General further clarified that the structures where prisoners are lodged were declared unlawful by prison authorities and, hence, no demolition process would take place without provision for alternative accommodation. During the argument, Senior Advocate Dr. S. Muralidhar appearing for the petitioner refuted the characterization claiming that the structures were developed by the state authorities, which could not be terming them unauthorized.
COURT’S QUESTION AND DIRECTION
Justice B.R. Gavai observed that state construction projects on property that may not be well-defined are often surrounded by complexity, referring to past instances where state actions have resulted in legal disputes over land use. The court directed the appointed Commissioner to submit a report detailing:
The areas of structures constructed in the designated hospital site.
Whether these structures can be suitably relocated to other areas allocated for the open prison.
Dr. Muralidhar argued that while there is a need for a hospital in Sanganer, it should not come at the expense of an operational open prison that has served its purpose for nearly six decades. He suggested that ample land exists elsewhere in Jaipur for constructing such facilities without disrupting existing institutions.
Implications of the Ruling
The judgment of the Supreme Court draws attention to important issues of land use and public facilities in Rajasthan. The court’s approach is to ensure that the health needs are met without infringing on the operational integrity of correctional facilities and vice versa.
This case, as it progresses, brings into focus the need for careful planning and regulation in the case of public infrastructure projects, especially those involving sensitive areas like correctional homes.
Conclusion
This appointment by the Supreme Court of a Registrar to inspect the Sanganer open prison marks a significant step forward in solving conflicting claims for public health infrastructure and needs for correctional facilities. The court is likely to engage further hearings as stakeholders keep their ears on the issue.
