Supreme Court seeks response of Centre, States on NALSA's PIL to release old, terminally ill prisoners

The Supreme Court on Monday asked the Central government as well as 18 States to respond to a public interest litigation seeking the release of elderly and terminally ill convicted prisoners across the country on compassionate grounds [National Legal Services Authority vs. Union of India & Ors.]..A bench of Justices Vikram Nath and Sandeep Mehta issued notice on the plea filed by the National Legal Services Authority (NALSA) and posted the matter for further hearing on May 19..NALSA has argued that the continued incarceration of ageing and terminally ill individuals, who often do not have access to adequate medical care in prisons, would constitute a violation of their rights under Articles 14 and 21 of the Constitution of India. It says that the prolonged imprisonment of ageing and infirm convicts runs contrary to India’s constitutional and international human rights obligations..The plea was filed as part of NALSA’s Special Campaign for Old and Terminally Ill Prisoners, which was launched on Human Rights Day 2024 under the guidance of Justice BR Gavai. It seeks to uphold the dignity of those who have served significant portions of their sentence and are living with deteriorating health conditions in prison.NALSA added that units of the legal services authorities at the national level as well as in States and districts have been constituted to identify eligible convicts who could be released, conduct prison visits, arrange legal aid and support reintegration efforts. The petition focuses specifically on convicted prisoners who have not filed appeals or special leave petitions, and who may require legal assistance for their release..NALSA files PIL in Supreme Court for release of elderly, terminally ill prisoners.Citing the 2022 Prison Statistics, NALSA pointed out that over 20 per cent of convicted prisoners in India are above 50 years of age. Under its updated Standard Operating Procedure, NALSA has also brought undertrial prisoners aged above 70 and terminally ill inmates under the purview of regular review by Under Trial Review Committees (UTRCs), which will now identify such cases on a quarterly basis..Advocates Rashmi Nandakumar, Yashmita Pandey, and Akshay Sahay represented NALSA. .[Read Order]