What We do

Strategic Initiatives : Strategic Litigation


We pursue the issues of dismal prison oversight and unnecessary, prolonged and wrongful detention of prisoners before the judiciary to ensure that laws are interpreted and enforced properly.

Suo Moto vs. State of Rajasthan    
WP (Civil) 2808/2012

Orders

CHRI is a party in the case of Suo Moto vs. State of Rajasthan,  WP(Civil) 2808/2012 at High Court of Rajasthan (Jaipur). We argue for the implementation of statutory oversight mechanisms in prisons like Prison Visiting System and Periodic Review Committees as one-point solution to improving prison conditions, reducing overcrowding and curbing systemic malaise.

Commonwealth Human Rights Initiative vs. State of Rajasthan & Ors.
WP (Civil) 6459/2014

Orders

Based on its study on the shortage of police escorts and remanding practice in Rajasthan, CHRI filed a PIL in the Rajasthan High Court in July 2014. The case was admitted by the court on 31st October 2014. The PIL seeks adequate allocation of police escorts and direction to stop the practice of mechanical remand in Rajasthan.

Johra Begum @ Jahiri Bibi vs. The Union of India & Ors.
W.P. 14050 of 2014 & W.P. of 33910 of 2013

Orders

Writ Petition for transferring Johra Begum, an overstaying Rohingya prisoner to Delhi for registration with the UNHCR which successfully led to her transfer and reunion with her family in Jammu

CHRI vs. State of WB
WP 56 OF 2013

Orders 

Public Interest Litigation in 2013 on Access to Lawyer at First Production based on an evidence-based survey done in Dum Dum Central Correctional Home on lack of physical production of accused persons and lack of access to lawyers at the time of production.

CHRI vs. State of WB
W.P. 7058 (W) of 2012

Orders

Public Interest Litigation in 2013 for release of juveniles in adult correctional homes in West Bengal and as a result of the court order 55-60 juveniles were moved out of the jails to observation homes.

Ms Maja Daruwala vs.State of WB & Anr.
Transfer Petition 158/2012

Orders

Public Interest Litigation since 2012 on creating a comprehensive operating procedure for the repatriation of Bangladeshi prisoners after their release.

Ms Maja Daruwala vs. State of WB & Ors    
W.P. 8105 (W) of 2011

Orders

Public Interest Litigation in 2011 on urgent repatriation of Bangladeshi Jankhalaash Prisoners lodged in Correctional Homes of West Bengal beyond the completion of their sentence as a result of which 390 prisoners were sent back to their home country.

Commonwealth Human Rights Initiative through Maja Daruwala vs. State of Maharashtra    
Criminal PIL No. 12 of 2010

Orders

Based on its study on pathetic living conditions in Maharashtra sub jails, CHRI sent a letter petition to High Court of Maharasthra in 2010. The case was admitted and the court gave a series of directions which primarily included the formation of Board of Visitors in every sub jail with socially sensitive members of the civil society.