Delhi HC Registers Suo Motu PIL To Consider Premature Release Of Elderly, Infirm Prisoners

The Delhi High Court has registered a suo motu public interest litigation (PIL) on the issue of premature release of old aged and infirm prisoners.

A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad sought response from Centre, Delhi Government and Director General (Prisons) while posting the matter for hearing on February 13, 2023.

The development came after a lawyer wrote a letter to High Court for consideration of the issue of premature release of women inmates and transgender prisoners who have completed 60 years of age; of male prisoners aged above 65 years, and infirm prisoners (excluding life convicts). The lawyer suggested that they can be released after undergoing one-third of their actual sentence, including remission. 

The letter further added that despite the recommendations of Mulla Committee and Model Prison Manual, 2003, the same are not being followed in city jails thereby negating the objective of protecting the society and recommendations for specialized treatment of women, old aged and infirm prisoners.

The letter reads "That the Applicant also wishes to bring to your kind attention the fact that the overcrowding in Jails in the Country and Delhi Jails in particular and thus it is respectfully submitted that Delhi Jails have capacity to lodge 10026 prisoners but its occupying 80% more prisoners than its capacity."

It adds "The data is self-explanatory and makes it clear that social distancing cannot be maintained as the Tihar Jails are overly crowded and in case 4000 prisoners [who are out on bail] surrender then situation may worsen in Tihar Jails and the same would be detrimental and adversely affect prisoners and jail administration as well."

Title: Court on its own motion v. State & Ors.