The Supreme Court on Friday emphasized the need for all states to adopt uniform rules regarding the release of seriously ill and elderly prisoners. A bench comprising Justice Vikram Nath and Justice Sandeep Mehta reserved its order on a plea filed by the National Legal Services Authority (NALSA), which sought the release of inmates either suffering from severe illnesses or aged above 70 years.
The Centre informed the court that a Standard Operating Procedure (SOP) had already been prepared and submitted to the record. However, the bench underlined that prison regulations remain a state subject, and therefore, uniformity across all state prison rules is essential. The court directed that these rules must include provisions for the release of prisoners suffering from serious medical conditions.
Additional Solicitor General Aishwarya Bhati, appearing for the Centre, stated that all states and union territories have been advised to ensure proper care and management of such prisoners in line with the SOP. The government also mentioned that states may consider the release of these inmates under the ‘General Amnesty’ policy.
The bench voiced concerns over possible misuse of this provision and called for strict verification guidelines to determine eligible prisoners. NALSA’s counsel clarified that their SOP includes criteria for categorizing inmates as seriously ill and mandates certification from prison medical officers.
However, the bench responded that identification alone is insufficient; verifying medical conditions is the true challenge, which can be prone to abuse. Bhati said that the SOP mandates the formation of a medical board to evaluate such cases. She also cited the case of a prisoner suffering from asthma since 1985, and NALSA highlighted that a 94-year-old inmate is still behind bars in Kerala.
The court also took note of life convicts, whose sentences extend until natural death. Justice Mehta mentioned a 104-year-old convict who died recently in Jaipur Central Jail after serving a sentence in a bomb blast case. Uttar Pradesh’s counsel stated that their 2018 prison policy includes special provisions and a medical board for such prisoners.
The Supreme Court had earlier sought responses from the Centre and 18 states, including Bihar and Uttar Pradesh, regarding the petition. NALSA argued that overcrowded jails fail to provide adequate care to elderly and seriously ill inmates.
NALSA said many of these prisoners, from states such as Bihar, Kerala, Maharashtra, Rajasthan, Uttar Pradesh, West Bengal, and Odisha, were unable to appeal in the Supreme Court or obtain bail despite high court rulings upholding their convictions. The petition requested the Supreme Court to issue specific guidelines for the release of inmates above 70 years of age or suffering from critical illnesses.
