Allahabad HC Slams Slow Open Jails Rollout in UP, Seeks Clear Timeline
Taking a firm judicial stance against prolonged bureaucratic delays in expanding prison reform infrastructure across Uttar Pradesh, the Allahabad High Court has directed the state government to specify an exact, binding timeframe for making three new Open Correctional Institutions (OCIs)—commonly known as open jails—fully operational. Hearing a suo motu Public Interest Litigation (Criminal Writ-PIL No. 4 of 2026, registered in pursuance of the Supreme Court’s February 26, 2026 directives in Suhas Chakma vs. Union of India), a division bench comprising Justice Saumitra Dayal Singh and Justice Swarupama Chaturvedi made it clear that merely issuing budgetary sanctions on paper is insufficient unless accompanied by concrete execution milestones on the ground.
During proceedings in Prayagraj, Additional Advocate General Anoop Trivedi informed the bench that the state government had issued a formal Government Order (No. 912) on November 2, 2026, sanctioning ₹4.59 crore to establish three new open prison facilities across Uttar Pradesh. While acknowledging the financial approval, the bench observed that verbal assurances of "no further delay" cannot substitute for an enforceable construction and operational schedule—and scheduled the next hearing for November 20, 2026, at 2:00 PM.
Where the Three New Open Jails Will Be Set Up: Fatehgarh, Lucknow, and Noida
Under the sanctioned ₹4.59 crore blueprint submitted before the High Court, the Uttar Pradesh Prison Administration and Reform Services plans to convert and upgrade existing correctional infrastructure at three strategic locations across the state to house 230 eligible convicts:
Central Prison, Fatehgarh (Farrukhabad): Capacity for 100 prisoners
District Jail, Gautam Buddh Nagar (Noida): Capacity for 80 prisoners
Nari Bandi Niketan, Lucknow: Dedicated facility with capacity for 50 women prisoners
Crucially, the bench had earlier questioned the state’s selection criteria and urged policymakers to formulate dedicated guidelines ensuring women convicts benefit equitably from open prison rehabilitation. The inclusion of Nari Bandi Niketan in Lucknow directly addresses that judicial concern by creating a specialized open correctional wing for female inmates.
Detailed Affidavit Sought on Construction Agency and Prisoner Selection
Refusing to let the project drift into open-ended administrative files, Justice Saumitra Dayal Singh and Justice Swarupama Chaturvedi ordered the Special Secretary (Home/Prisons), Rajendra Pensia, to file a comprehensive compliance affidavit before November 20. The High Court instructed that the affidavit must clearly specify four operational pillars:
Executing Agency Selection: Which government construction or engineering agency has been nominated to carry out the civil renovation and repair work at each of the three sites.
Itemized Renovation Scope: Details of physical modifications, security perimeters, and living amenities planned at Fatehgarh, Lucknow, and Gautam Buddh Nagar.
Binding Completion Timeline: Exact dates for commencing and completing construction work so that the facilities can open their doors to inmates without delay.
Identification of Deserving Convicts: Concrete administrative steps initiated to screen and identify eligible convicts with good conduct records who can be transferred immediately upon completion.
Discrepancies in Affidavits and Budget Reduction Draw Court’s Ire
The High Court’s stern tone stems from months of shifting official submissions between July and October 2026. Earlier in the proceedings, the bench had pointed out that while over 80,000 prisoners are lodged in Uttar Pradesh jails, open correctional capacity stood at less than 0.1 percent, restricted solely to the Model Jail in Lucknow. Furthermore, the court flagged glaring inconsistencies in official headcounts: whereas a July 28 order recorded the Lucknow Model Jail’s capacity at 800 with 316 inmates, the November 4 affidavit listed its capacity at 520 with 369 inmates.
Equally perplexing to the bench was the sharp fluctuation in budgetary estimates. In August 2026, state authorities had projected an expenditure of roughly ₹90 crore for establishing three new open prisons (initially proposed in Azamgarh, Fatehgarh, and Lucknow), before revising the figure downward to ₹4.59 crore by late October. Summoning the Principal Secretary and Director General of Prisons on October 27, the court demanded to know why even a modest ₹4.60 crore sanction had been delayed for months. State officials explained that technical inspections revealed sufficient existing buildings inside Central Jail Fatehgarh, Nari Bandi Niketan Lucknow, and District Jail Gautam Buddh Nagar, allowing authorities to launch the open prisons through targeted repairs and structural adaptations rather than greenfield construction.
Severe Jail Overcrowding: 80,326 Inmates Against Capacity of 76,162
Beyond open correctional institutions, the division bench expressed deep concern over systemic overcrowding across Uttar Pradesh’s prisons. Official figures placed before the court revealed that state prisons currently hold 80,326 inmates against an authorized total capacity of 76,162—a surplus of more than 4,160 prisoners straining sanitation, healthcare, and security infrastructure.
To address the broader capacity crisis, the High Court has separately directed the Director General of Prison Administration and Reform Services to submit a tabular, prison-wise status affidavit detailing occupancy levels, progress on six upcoming new jails, and additional barrack construction across districts from Prayagraj and Varanasi to Kanpur, Agra, and Meerut. By insisting on strict timelines and accountability, the Allahabad High Court has signaled that humane prison reform and timely decongestion in Uttar Pradesh cannot remain stalled in bureaucratic paperwork.
