'What About Those Who Commit Offences At Advance Age?': Delhi HC Refuses To Entertain PIL For Premature Release Of Old Aged Prisoners

The Delhi High Court on Friday refused to entertain a PIL seeking premature release of old aged and infirm prisoners in terms of recommendations made by Mulla Committee (1980-83) and the Model Prison Manual (2003).

While expressing disinclination to even issue notice in the matter, the Division Bench of Chief Justice DN Patel and Justice Neena Bansal Krishna remarked,

"This is a policy decision. People sometimes commit offences at an advance age, what about them? They have to remain in prisons."

The plea was filed by Advocate Amit Sahni, stating that the aforesaid recommendations were made in larger perspective of the prisoners' welfare, keeping in view the overall objective of protecting the society and rehabilitating the offenders. They make provision for specialized treatment of women, old aged and infirm prisoners compatible with dignity of life. However, such recommendations are not implemented by Delhi Jails.

"Old aged and infirm prisoners (other than life convicts) are not extended benefits of Mulla Committee's and Model Prison Manual 2003's recommendations while those who are life convicts are considered for premature release by the Sentence Review Board," Sahni contended.

It was asserted that the situation had worsened amid pandemic, due to overcrowding of prisons and lack of medical facilities.

The plea was finally disposed of with a direction to the concerned authorities to decide the representation made by the Petitioner in this regard.

"We are not even inclined to issue in this matter. Nonetheless, if the Petitioner wants to approach the Respondent, the same is permitted. The Respondent authorities shall decide the representation made by the Petitioner in accordance with law, rules and government policies applicable to the facts and circumstances of the case," the Court ordered.

Case Title: Amit Sahni v. State (NCT of Delhi)

Citation: 2022 LiveLaw (Del) 194