The Allahabad High Court has directed the Uttar Pradesh Government to provide a definite timeline for establishing three new Open Correctional Institutions (OCIs) after sanctioning ₹4.59 crore for the proposed facilities. The Court has sought details of construction work, agency selection and the identification of eligible prisoners to ensure that the facilities become operational without further delay.
Background
The proceedings arose from a Public Interest Litigation registered pursuant to the Supreme Court's order dated February 26, 2026, in Suhas Chakma v. Union of India & Others. The PIL concerns the establishment, functioning and expansion of Open Correctional Institutions in Uttar Pradesh.
During earlier hearings, the High Court noted that Uttar Pradesh had only one existing Open Correctional Institution at Model Jail, Lucknow. The Court also found that the facility was not being fully utilised despite having space for additional eligible prisoners.
On August 18, 2026, the State informed the Court that it had proposed three additional facilities at Azamgarh, Fatehgarh and Nari Bandi Niketan, Lucknow, with an estimated expenditure of approximately ₹90 crore. However, subsequent affidavits revealed changes in the proposed locations and a substantial reduction in the estimated expenditure.
On October 27, 2026, the Bench of Justice Saumitra Dayal Singh and Justice Swarupama Chaturvedi expressed dissatisfaction over the absence of concrete progress despite repeated assurances from the State Government.
The Court noted that the estimated expenditure had been reduced from ₹90 crore to approximately ₹4.59 crore. However, the State had still not provided the necessary funds for establishing the proposed institutions.
Expressing concern over the delay, the Bench observed:
"Such state of affairs cannot be allowed to continue, indefinitely. Time has come for the officers of the State to explain to the Court, personally, why the smallest steps required to carry out the reform, is delayed. Leaving all administrative discretion with the State, it is difficult to understand why no concrete steps have been taken to provide for the minimal amount of Rs. 4.60 crore to set up the three facilities, as has been assured by the State Government, from beginning."
The Court had consequently directed the Principal Secretary and the Director General of Prison Administration and Reform Services to remain personally present if the State failed to provide an assurance regarding the availability of funds.
During the November 4 hearing, the State submitted a compliance affidavit through the Special Secretary, Jail Administration and Reform Department, Government of Uttar Pradesh.
The affidavit informed the Court that ₹4.59 crore had been sanctioned for establishing three new Open Correctional Institutions. Government Order No. 912 dated November 2, 2026, had also been issued, confirming the budgetary allocation.
As per the affidavit, the three proposed facilities will be established at Central Prison, Fatehgarh, with a capacity of 100 prisoners; Nari Bandi Niketan, Lucknow, for 50 women prisoners; and District Jail, Gautam Buddh Nagar, for 80 prisoners.
Although the Additional Advocate General assured the Court that the proposed facilities would be established without further delay, the Bench emphasised that a general assurance would not be sufficient. The State authorities must commit to a definite timeframe for completing the facilities and transferring eligible prisoners.
The Court observed:
"Though, learned Additional Advocate General would assure the Court that the new facilities, above described, would be set up without any further delays, in the nature of the issue that has arisen before us, it is imperative that the State Authorities commit themselves to a definite time frame within which not only such facilities would be set up, but identified/eligible convicts would be placed at such facilities arising on the application of the State policy in that regard."
Accordingly, the Bench directed the Special Secretary, Jail Administration and Reform Department, to file a further affidavit disclosing details regarding the selection of the agency, the construction work required and the timeline for completing the proposed facilities.
The affidavit must also explain the steps already initiated or proposed to identify deserving prisoners who can be transferred to these institutions immediately after they are established.
The Court accordingly listed the matter for November 20, 2026, at 2:00 PM.
Case Details
Case Title: In Re: For Establishment, Functioning and Expansion of Open Correctional Institutions in UP v. State of U.P.
Case Number: Criminal Writ-Public Interest Litigation No. 4 of 2026
Bench: Justice Saumitra Dayal Singh and Justice Swarupama Chaturvedi
Decision Date: November 4, 2026
