Supreme Court directs states to frame policy for early release of terminally ill, elderly prisoners

New Delhi: The Supreme Court on Thursday directed all states and Union Territories to formulate and notify a comprehensive policy for the early or premature release of terminally ill and elderly prisoners.

Giving states and UTs three months to frame the policy, a bench of justices Vikram Nath and Sandeep Mehta said it should be prepared in consultation with the respective state legal services authorities to ensure institutional coordination and effective identification of eligible prisoners.

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The directions came on a petition seeking nationwide guidelines for the compassionate release of terminally ill, sick, infirm and elderly prisoners, particularly those above 70 years of age.

"The said policy shall clearly define the eligibility criteria and procedural framework for consideration of release," the bench ordered.

The court said the policy should expressly provide a clear and uniform definition of 'terminal illness'. In this regard, authorities may consider the definition contained in the Handbook on Prisoners with Special Needs published by the United Nations Office on Drugs and Crime.

The policy must also mandate the constitution of independent medical boards at the divisional and state levels for objective assessment and certification of terminal illness or advanced medical vulnerability.

The bench further directed that the policy prescribe a time-bound, transparent and accessible procedure for the submission, examination and disposal of applications for early or compassionate release.

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It underlined that procedural delays resulting in prisoners spending their final months or years in custody should be avoided. The policy should also be integrated with the functioning of the Undertrial Review Committees.

The committees must periodically review cases of prisoners who are terminally ill, elderly or suffering from conditions causing physical incapacitation, and recommend appropriate legal action, including bail, parole or remission, the court said.

The bench also directed that the entire process for considering applications for early or premature release be integrated with the e-Prisons portal.

The portal will record every stage of the process, including application submission, medical evaluation, reports from prison authorities, recommendations of the medical boards and the Undertrial Review Committees, decisions of the competent authority and the reasons for those decisions.