New Delhi– The Delhi High Court on Wednesday dismissed a public interest litigation (PIL) concerning the issue of overcrowding in Tihar Jail, advising the petitioner to approach the appropriate authority — the Delhi Government — instead of the Union Government, which does not administer jails in the national capital.
The division bench of Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela clarified that despite Tihar being a central jail in designation, it is not under the purview of the central government. The court stated that complaints regarding jail administration should be directed to the Director General (DG) of Prisons and the Principal Secretary (Home), Government of the National Capital Territory of Delhi (GNCTD).
Highlighting that the issue of overcrowding in prisons is currently being addressed by the Supreme Court of India, the bench deemed the PIL unnecessary at this stage.
The petitioner, a practising lawyer, raised concerns about severe overcrowding and the prolonged incarceration of undertrial prisoners, particularly those charged with minor offences. The plea argued that many individuals remain in jail for extended periods due to delayed trials, even after charge sheets have been filed.
In addition, the plea questioned the repeated discovery of mobile phones and other prohibited items within prison premises, despite strict entry checks. The petitioner contended that these lapses point to deeper systemic issues requiring urgent attention.
While acknowledging the concerns raised, the Delhi High Court reiterated that the appropriate legal and administrative channel must be followed for seeking redressal in such matters.