States ought to frame common over release of terminally ill prisoners: SC

New Delhi | The Supreme Court on Friday said prison rules were applicable individually to states, which ought to frame common rules on the release of terminally ill prisoners.

A bench of Justices Vikram Nath and Sandeep Mehta reserved its order on a plea of National Legal Services Authority (NALSA) seeking the release of a group of either terminally ill prisoners or those above 70 from jail.

The Centre claimed of framing a standard operating procedure (SoP) on the issue and the same being on record.

The bench, however, noted, "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, appearing for the Centre, said the government was concerned about terminally ill prisoners and all states and union territories were advised in the SoP to take steps for the effective management of such inmates.

The government said the states or union territories might also consider the release of such prisoners as a part of "general amnesty".

The bench, flagging the "possibility of misuse", observed there had to be guidelines on the standard to treat such prisoners and who were entitled to the benefit of the release.

The petitioner's counsel referred to NALSA's SoP and said, "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." The bench then remarked, "Identification is different, but the certification is where the catch is. There is a huge possibility of misuse." Bhati said the Centre's SoP contemplates a medical board to be set up for this.

The law officer, who was also appearing for the Delhi government, said there was a prisoner who was suffering from asthma since 1985.

The NALSA's counsel said in Kerala, there was a 94-year-old prisoner.

The bench also deliberated on prisoners awarded life imprisonment till their natural lives.

"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," Justice Mehta observed.

The Uttar Pradesh counsel said the state, in its policy framed in 2018, incorporated certain specific clauses for the terminally ill, providing for a medical board to be set up.

On May 5, the top court sought responses from the Centre and 18 states, including Bihar and Uttar Pradesh, on the plea.

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.

States ought to frame common over release of terminally ill prisoners: SC

NALSA said these elderly and terminally ill prisoners were incarcerated in several states including Bihar, Kerala, Maharashtra, Rajasthan, Uttar Pradesh, West Bengal and Odisha.

The NALSA's counsel had referred to data and said many terminally ill persons, whose convictions were upheld by various high courts, were unable to move the apex court to challenge their convictions and seek bail or suspension of sentence and the matter needed an intervention.

The plea urged the top court to issue directions to facilitate the release of prisoners aged above 70 years and those suffering from terminal illnesses.

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