Today, On 18th July, The Supreme Court has reserved its order on a plea seeking the release of terminally ill and elderly prisoners, observing, “Prison rules are all applicable individually to the states,” and urging uniform policy for compassionate release.
New Delhi: The Supreme Court stated that prison regulations apply individually to each state, emphasizing the need for unified guidelines regarding the release of terminally ill prisoners.
A bench comprising Justices Vikram Nath and Sandeep Mehta reserved its decision on a petition from the National Legal Services Authority (NALSA), which sought the release of a group of terminally ill inmates or those over the age of 70.
The Centre claimed to have developed a standard operating procedure (SoP) on the matter, which is part of the court’s records.
However, the bench remarked,
“Ultimately, the prison rules are all applicable individually to the states. All states have to come out with a common prison rules wherein this consideration for terminally ill for their release, that has to be there.”
Additional Solicitor General Aishwarya Bhati, representing the Centre, stated that the government is concerned about the welfare of terminally ill prisoners and has advised all states and union territories in the SoP to implement measures for their effective management.
The government also suggested that states might consider releasing such prisoners as part of a “general amnesty.”
The bench raised concerns about the potential for misuse, highlighting the need for clear guidelines on how to treat these prisoners and who qualifies for release.
The petitioner’s counsel referenced NALSA’s SoP, explaining,
“We have defined who should be considered under the terminally ill category and it would be certified by the medical officer of the jail concerned.”
In response, the bench noted,
“Identification is different, but the certification is where the catch is. There is a huge possibility of misuse.”
Bhati indicated that the Centre’s SoP proposes the establishment of a medical board for this purpose.
The law officer, also representing the Delhi government, mentioned a prisoner suffering from asthma since 1985, while NALSA’s counsel pointed out the existence of a 94-year-old inmate in Kerala.
The bench further discussed prisoners serving life sentences.
Justice Mehta remarked,
“There are end number of convicts in the Jaipur Central Jail who have been convicted for bomb blast cases… One of them probably expired a few months back. He was a doctor, 104 years.”
The Uttar Pradesh counsel stated that the state’s policy, framed in 2018, included specific provisions for terminally ill prisoners, including the formation of a medical board.
The Supreme Court requested responses from the Centre and 18 states, including Bihar and Uttar Pradesh, regarding the petition. The plea indicated that these prisoners, who have not appealed to the Supreme Court for bail, require specialized care that is challenging for overcrowded jails to provide.
NALSA reported that elderly and terminally ill prisoners are held in various states, including Bihar, Kerala, Maharashtra, Rajasthan, Uttar Pradesh, West Bengal, and Odisha.
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The counsel highlighted that many terminally ill individuals, whose convictions were upheld by different high courts, are unable to approach the apex court for bail or sentence suspension, indicating a need for intervention.
The petition urged the Supreme Court to issue directives to facilitate the release of prisoners aged over 70 and those suffering from terminal illnesses. NALSA noted that as of December 31, 2022, India’s prison occupancy rate was at 131 percent, severely straining infrastructure and negatively affecting the quality of medical care and living conditions in jails.
The Bench, after hearing all the sides, reserved its order in the matter.