The Supreme Court on Monday issued notices to the Centre and 18 states on a public interest litigation (PIL) filed by the National Legal Services Authority (NALSA), seeking bail for prisoners who are terminally ill or aged above 70 years and unable to approach the apex court for relief.
A bench comprising Justices Vikram Nath and Sandeep Mehta sought the responses after taking note of submissions made by advocate Rashmi Nandakumar on behalf of NALSA. The PIL emphasized the urgent need for judicial intervention, pointing to the severe overcrowding in Indian prisons and the lack of adequate facilities to care for such vulnerable inmates.
The states named in the petition include Andhra Pradesh, Bihar, Chhattisgarh, Haryana, Himachal Pradesh, Jharkhand, Kerala, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, West Bengal and Odisha.
The plea argued that elderly and terminally ill prisoners, whose bail pleas were rejected and who could not afford to approach the Supreme Court, should be considered for release in the interest of justice, dignity, and medical care. “These prisoners require specialised care and attention which may not be feasible within the confines of overcrowded prisons,” the petition stated.
NALSA highlighted alarming statistics, stating that as of December 31, 2022, India’s prison occupancy rate stood at 131%, severely affecting inmates’ health, dignity, and access to medical treatment. It also cited poignant examples — such as a 93-year-old woman incarcerated in Karnataka and a terminally ill undertrial granted bail by the Calcutta High Court — to underscore the gravity of the issue.
To address this concern, NALSA launched a “Special Campaign for Old and Terminally Ill Prisoners” from December 10, 2024, to March 10, 2025. During this campaign, national, state, and district-level teams visited jails across the country to identify eligible convicts and undertrials. A total of 456 such inmates were identified.
However, the current plea seeks relief specifically for those prisoners whose convictions have been upheld by High Courts, have not approached the Supreme Court, and are willing to avail legal aid services for their release.
The Supreme Court earlier transferred the matter to the bench headed by Justice Vikram Nath for detailed adjudication. The court is expected to further examine the legal and logistical implications of granting such relief in upcoming hearings.
