India News | SC to Examine NALSA Plea for Release of Old, Terminally Ill Convicts

New Delhi, Apr 28 (PTI) The Supreme Court on Monday agreed to consider a plea of the National Legal Services Authority (NALSA) to release elderly and terminally ill prisoners on bail in the country.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar told lawyer Rashmi Nandakumar, appearing for NALSA, to move to respective high courts for the relief.

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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.

The CJI considered the submissions and said the plea of the NALSA will be taken up by a bench headed by Justice Vikram Nath.

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“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, not moved the Supreme Court in appeal and wished to legal aid services.

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 organizes Lok Adalats for amicable settlement of disputes.

(This is an unedited and auto-generated story from Syndicated News feed, LatestLY Staff may not have modified or edited the content body)