The Delhi High Court on Wednesday warned the State's Chief Secretary of contempt of court for the government’s failure to implement directions issued by the Supreme Court in February this year to expand and strengthen Open Correctional Institutions (OCIs) or open prisons. 

A Division Bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma orally remarked that it will call Delhi's top civil servant to the High Court and frame contempt of court charges if he cannot give a satisfactory response.

The stern warning came from the Court after it noted that despite the top court’s direction in February 2026 and subsequent orders of the High Court, the government and prison authorities failed to act and the matter had “not moved an inch”. 

It added that government officials, tasked with reporting compliance with the top court’s order, had shown a completely callous approach. 

The Bench noted that the Supreme Court had asked the government authorities not to send officers below the rank of secretary to the meeting of the monitoring committee. 

Despite clear directions, a deputy secretary-rank officer, whom the ACJ referred to as a “joker”, was sent to the meeting.

“You sent your joker in the committee meeting. You want to show us the minutes of the meeting? We don’t want to wash dirty linen in our order about what the state has done,” the Court said. 

Notably, the Court today issued a contempt of court notice to the Director General (DG) Prisons. It said that the officer had shown “disregard” to the High Court and Supreme Court since, despite a clear order directing him to look into the matter, he made his subordinate swear an affidavit with incomplete information. 

However, the Court said it was deferring its order to draw contempt against other officers since the Special Secretary (Home) joined the proceeding and gave an assurance that a detailed response with para-wise compliance with the Supreme Court order will be produced before the Court. 

“Mr Lao [Sanjay Lao, Standing Counsel (Criminal) for Delhi] assures that the meeting of the monitoring committee will be attended by highest officials of the prison department and the state government,” the Court recorded in its order.  

The case will be heard next on November 20. 

The Supreme Court had in February 2026 issued detailed directions to all the states to establish and expand open prison facilities. 

Notably, the top court had also directed all High Courts to register suo motu writ petitions to monitor compliance with its directions.

Committees were directed to be constituted in each State. They were directed to submit quarterly status reports to the concerned High Court detailing compliance steps, utilisation levels, expansion progress and implementation challenges. The High Court was asked to submit those reports to the Supreme Court.