The Supreme Court on Monday sought responses from the Centre and 18 states, including Bihar and Uttar Pradesh, on a plea of the National Legal Services Authority (NALSA) to release on bail a group of prisoners who are terminally ill or above 70 years of age.
These prisoners, who have not come to the top court against denial of bail, require special care but it may not be possible for jail authorities to provide in view of the overcrowding in prisons, the plea said.
A bench comprising Justices Vikram Nath and Sandeep Mehta took note of the submissions of lawyer Rashmi Nandakumar, appearing for NALSA, and issued notices to the Centre and the states.
NALSA, in its PIL, said that these elderly and terminally ill prisoners are incarcerated in the states of Andhra Pradesh, Bihar, Chhattisgarh, Haryana, Himachal Pradesh, Jharkhand, Kerala, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, West Bengal and Odisha.
The NALSA is a statutory body in India established under the Legal Services Authorities Act, 1987 to provide free and competent legal services to weaker sections of society. It also organises Lok Adalats for amicable settlement of disputes. Earlier, the CJI-led bench sent the plea to the bench headed by Justice Nath for adjudication.
Nandakumar referred to the data and said many terminally ill persons, whose convictions were upheld by various high courts, were unable to move the top court to challenge their convictions and seek bail or the suspension of sentence and the matter needed an intervention.
“Petitioner urges this court to issue necessary directions so that prisoners of advanced age and prisoners who are terminally ill are released on bail to ensure that they can be taken care of by members of their families and can be reintegrated into society in their final days,” NALSA’s petition said.
The plea said terminally ill prisoners and those of advanced age required specialised care and individual attention and it may not be possible for prison authorities to provide considering the extent of overcrowding in prisons.
The plea, therefore, urged the top court to issue directions to facilitate the release of prisoners aged above 70 years and those suffering from terminal illnesses.
Such prisoners, it said, required specialised medical care and personal attention that overcrowded prisons are often ill-equipped to provide.
NALSA said as of December 31, 2022, India’s prison occupancy rate stood at 131 per cent, severely straining infrastructure and impacting the quality of medical care and dignified living conditions within jails.
The petition highlighted some recent cases, including that of a 93-year-old woman incarcerated in Karnataka whose plight prompted intervention from the District Legal Services Authority.
Similarly, bail was secured for a terminally ill undertrial by the High Court Legal Services Committee before the Calcutta High Court.
The plea said the NALSA launched a “Special Campaign for Old and Terminally Ill Prisoners” running from December 10, 2024, to March 10, 2025.
As part of the campaign, dedicated national, state and district units were constituted to visit prisons, identify eligible inmates, and coordinate efforts for their potential release.
Data showed 456 prisoners — including both convicts and undertrials — were identified to be within the targeted categories.
However, the plea sought relief only for prisoners who were convicted by high courts, had not moved the Supreme Court on appeal and wished for legal aid services. (Agencies)
