Policies should be made for the release of prisoners suffering from old age and serious diseases… Supreme Court’s instructions to the central and state governments.

The Supreme Court on Thursday (July 16) has given special instructions to all the states and union territories regarding the prisoners lodged in jails. The court said that a policy should be made within three months for the premature release of prisoners above 70 years of age, prisoners suffering from incurable or serious diseases and physically weak prisoners.

The bench of Justice Vikram Nath and Justice Sandeep Mehta said that this policy should clearly mention the eligibility criteria and process for consideration for release. The bench said that the policy should have clear rules for eligibility, precise definition of terminal illness and provision for impartial health check-up by an independent medical board.

Instructions to file affidavit

The Supreme Court also directed that release applications should be processed without any delay. The court also ordered all the states and union territories to file an affidavit within 6 months regarding compliance with this direction.

NALSA filed petition

The court gave this decision on the petition of National Legal Services Authority (NALSA), in which it was requested to release on bail the prisoners above 70 years of age and suffering from incurable diseases. In the petition, the court was asked to issue necessary instructions to facilitate the release of prisoners above 70 years of age and those suffering from incurable diseases.

It was said in the petition that prisoners suffering from incurable diseases and old age require special medical care and personal attention, but due to overcrowding of prisoners in the jails, it becomes difficult for the jail administration to provide such facilities.

‘Make a policy within three months’

While delivering the judgement, the bench said that all the states and union territories should formulate and notify within three months from the date of this judgment, a comprehensive policy for early and premature release of prisoners suffering from old age and/or terminal illness. The bench said that states will have to formulate their policy in consultation with NALSA, so that there can be better coordination in the identification and process of eligible prisoners.