Delhi High Court Rejects PIL On Overcrowding Of Tihar Jail, Asks Litigant To Approach Appropriate Authorities

The Delhi High Court on Wednesday (May 14) rejected a public interest litigation highlighting the issue of overcrowding of Tihar jail in the national capital.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela noted that the litigant had filed a representation to the Union Government which is not the concerned authority which monitored the jails in Delhi, including Tihar Jail.

The Bench asked the litigant, Anand Mishra, to approach the Delhi Government or any other authority responsible for the administration of Tihar jail.

At the outset, the Bench noted that the issue of overcrowding of jails is pending before the Supreme Court.

“The issue of overcrowding is before the Supreme Court… The Supreme Court is looking at the overcrowding of jails throughout the country,” Justice Gedela told petitioner's counsel.

The counsel then referred to another prayer seeking that no individual should be permitted to enter the Tihar jail gates without any checking.

The Court then noted that the petitioner had made a representation on the issue to the Union of India Home Secretary which is not the authority responsible for the affairs of Tihar jail.

“What is the idea of central jail? Central jail doesn't mean it is administered by the central government. You need to apprise the DG Prisons of your grievances, the Principal Secretary Home- GNCTD of your grievances, pointing out to them that this is the Rule you didn't follow, please follow it. And if it is not redressed then come to the court and we will pass directions,” CJ told the petitioner's counsel.

The counsel then prayed for withdrawal of the petition with the liberty to approach the concerned authorities by making a representation to them.

“The petition is dismissed as withdrawn with the liberty as prayed for,” the Court said.

Title: Anand Mishra v. UOI 

Citation: 2025 LiveLaw (Del) 546