The Delhi High Court has questioned the delay in implementing Supreme Court directions for open and semi-open prisons in the Capital, warning that the prison administration could face action if it fails to explain the lack of progress. The court has directed the authorities to submit a detailed flow chart by October 27, ahead of the next hearing on October 28.
A Bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma referred to the Supreme Court’s February 26, 2026 order, which directed States and Union Territories to address prison overcrowding, assess existing open correctional facilities, prepare time-bound plans to fill vacancies and constitute monitoring committees within three months.
The High Court said the prescribed calendar had not been followed and that substantially more time had passed without meaningful progress. “Not only is the calendar not adhered to, but even substantial time, or double the time prescribed in the order has expired. There are no positive developments in the matter,” the Bench remarked.
Open and semi-open prisons are less restrictive correctional facilities for eligible inmates. According to the Special Secretary (Home), who was present during the hearing, Delhi’s existing open prison capacity is 10 inmates. Its semi-open facilities have a capacity of around 76 inmates, including 40 places at Tihar Jail and 36 at Mandoli Jail.
The official told the court that 24 inmates were occupying the semi-open facility at Tihar, while Mandoli had 26 inmates. He also said occupancy in Delhi’s open and semi-open facilities had increased to more than 50%, after the Supreme Court had noted that it had previously been as low as 6%.
The figures placed before the court indicate that the issue involves both capacity and administration. Although the available semi-open facilities were not fully occupied, the High Court questioned how privileges were being granted to some prisoners and whether the prison administration was applying its rules consistently.
The Bench said some barracks housed only six prisoners who enjoyed such privileges, while others housed 300 or more. It also criticised the functioning of the prison administration and questioned the accountability of senior officials. “Your DG (Prison) is a mute spectator to all this. And nobody is answerable to this…,” the court remarked.
The court was also informed that the Delhi government and prison authorities had held meetings on the matter. The High Court, however, sought a documented account of the progress made since the Supreme Court’s order rather than a general explanation. It directed the authorities to submit a flow chart setting out the steps taken and the status of implementation.
The court said it would consider proceeding against the Director-General of Prisons if the explanation was unsatisfactory. The matter will be taken up again on October 28, after the authorities submit the flow chart by October 27.
