Dr. Mamta Pathak vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:55473
1 WP-23067-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
rd
ON THE 23 OF JULY, 2026
WRIT PETITION No. 23067 of 2026
DR. MAMTA PATHAK
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Petitioner is present in person
Mr. AS Baghel GA for the State.
ORDER
This petition has been filed by the petitioner under Article 226 of
Constitution of India for grant of following reliefs:-
a. Issue a Writ of Certiorari or any other
appropriate Writ, order, or direction, quashing and
setting aside the order dated 14.07.2025 passed by the
Jail Authorities, issued without considering medical and
humanitarian grounds.
b. Issue a Writ of Mandamus, or any other
appropriate Writ, order, or direction, directing the
Respondent to transfer the Petitioner to Open Jail,
Jabalpur by relaxing Rules 5(1)(c) and 5(2)(1) of the
M.P. Open Colonies Rules, 2009, considering old age,
medical condition and her role as sole caregiver of a
disabled son on humanitarian grounds in the interest of
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 24-07-2026
17:18:26

NEUTRAL CITATION NO. 2026:MPHC-JBP:55473
2 WP-23067-2026
justice.

c. Issue writ, or direction or any other order,
this Hon'ble Court, may deem fit in the facts and
circumstances of the case in the interest of justice.
2. Petitioner has placed a judgment of Hon'ble Supreme Court in the
case of Suhas Chakma Vs. Union of India and Ors., passed in WP
No.1082/2020, wherein the Hon'ble Apex Court has held as under:-
E. Expansion of Open Correctional Infrastructure

( i) All States and Union Territories shall, in addition
to optimally utilising existing OCIs, take proactive and
time-bound steps to expand open correctional
infrastructure by (a) establishing new OCIs, and (b)
creating open and semi-open barracks within existing
closed prisons, wherever feasible.
(ii) Each State and Union Territory through its Prisons
and Correctional Services Department shall undertake a
comprehensive assessment of its prison infrastructure
within a period of three months from the date of this
judgment to:-
a. identify locations suitable for the establishment of
new OCIs; and
b. identify closed prisons where open or semi-open
barracks can be created without compromising safety or
security.
(iii) Upon completion of the aforesaid assessment, each
State and Union Territory shall prepare separate, time-
bound action plans clearly indicating
timelines, budgetary provisions and capacity targets
for:-
a. the establishment of new OCIs and/or expansion of
existing OCIs; and
b. the creation and operationalisation of open and semi-
open barracks within closed prisons.
(iv) The action plans prepared in this regard shall
clearly indicate timelines, budgetary provisions and
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 24-07-2026
17:18:26

NEUTRAL CITATION NO. 2026:MPHC-JBP:55473
3 WP-23067-2026
capacity targets, and shall be placed before the
Monitoring Committee constituted in each State and
Union Territory under Direction F, within a period of
three months from the date of this judgment, which in
turn shall ensure faithful, effective and
timely implementation of the said action plans.


3. On 16.07.2026, the State counsel was directed to file an affidavit
of respondent No.1 to show the efforts made by them for implementation in
view of the orders passed by Honble Supreme Court.
4. In view of the above, the affidavit has been filed by the
respondent No.1 pointing out the fact that the matter has been taken up by
the respondents and it is pending considering at the State Government level
and final decision will be taken by the State Government and the proposal
will be finalized by the State Government within a period of 60 days from
today.
5. In view of affidavit submitted before this Court as well as the fact
that the State Government is duty bound to comply with the directions issued
by Hon'ble Supreme Court as pointed out herein above, nothing survives for
adjudication in this petition.
6. Petitioner in person submits that she is on parole up to 12th
August, 2026, therefore, 60 days time is granted so as to she has to surrender
and go behind the bars. However, the fact remains that criminal case of the
petitioner has been dismissed upto the level of Supreme Court and petitioner
is on parole. However, the fact remains that when the State is considering for
the implementation of the directions issued by Hon'ble Supreme Court for
which they require 60 days time.
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 24-07-2026
17:18:26

NEUTRAL CITATION NO. 2026:MPHC-JBP:55473
4 WP-23067-2026
7. The petitioner in person can file an application seeking extension

of parole granted to the petitioner before the competent Authority.
8. If such an application is filed seeking extension of parole prior to
date of surrender, the said application shall be dealt by the Collector,
Chhattapur by passing a speaking order in accordance with law and the same
be communicated to the petitioner within a further period of 7 days from the
date of filing of such application.
9. With the aforesaid, this petition stands disposed off.
(VISHAL MISHRA)
JUDGE
Hashmi

Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 24-07-2026
17:18:26