NEW DELHI: The Supreme Court on Thursday directed all States and Union Territories to formulate and notify a comprehensive policy within three months for the early or premature release of elderly and terminally ill prisoners. It also mandated a technology-driven framework via the e-Prisons portal for processing such applications.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta issued the directions while hearing a Public Interest Litigation filed by the National Legal Services Authority (NALSA), which sought uniform nationwide guidelines for the compassionate release of terminally ill, sick, infirm and elderly prisoners, particularly those above 70.
The Court directed that the policy clearly define eligibility criteria and the procedural framework for considering release. It must be prepared in consultation with the respective State Legal Services Authorities (SLSAs).
The policy must also expressly define the term “terminal illness”. The Court observed that States may refer to the United Nations Office on Drugs and Crime (UNODC) Handbook on Prisoners with Special Needs while framing their policies.
To ensure objective medical assessment, the Court ordered the constitution of independent Medical Boards at the divisional and State levels to certify terminal illness or advanced medical vulnerability. Stressing the need for urgency, the Bench said procedural delays that force prisoners to spend their final months or years in prison must be avoided.
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