HC asks Centre, Delhi govt to respond on issue of premature release of old aged, infirm prisoners from overcrowded jails

New Delhi: The Delhi High Court Monday sought the response of the Centre, Delhi government, and Director General (Prisons) on the issue of premature release of old aged and infirm prisoners from overcrowded jails here.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad took suo motu cognisance of a letter written by a lawyer seeking the premature release of female and transgender prisoners above 60 years, male prisoners above 65 years, and infirm prisoners (excluding life convicts).

The PIL committee of the high court recommended treating the letter as public interest litigation.

The high court bench listed the matter for further hearing on February 13, 2023.

Advocate Amit Sahni, in his letter representation, had stated that premature release of prisoners of these categories be considered in terms of recommendations of All India Committee on Prison Reforms (Mulla Committee 1980-83) and Model Prison Manual - 2003 and such prisoners be released after undergoing one-third of their actual sentence (including remission).

He had stated despite the recommendations of the Mulla Committee (1980-83) and Model Prison Manual 2003, in the larger perspective of the prison/ prisoners' welfare keeping in view the overall objective of protecting society and rehabilitating offenders, they were not implemented by Delhi jails.

The representation had said that unfortunately, the old aged convicts (other than life convicts), female convicts, and infirm prisoners were not considered for premature release in terms of Mulla Committee and Model Prison Manual 2003.

According to the representation, there was overcrowding in jails in the country and Delhi jails in particular and it submitted that prisons here have the capacity to lodge 10,026 prisoners but it occupies 80 per cent more than its capacity.

Due to the intervention of the Supreme Court, a high-powered committee was constituted in each state, which recommended the release of prisoners by granting them interim bail/parole. Despite releasing about 4,000 prisoners, Delhi jails are still overcrowded and at present, about 14,000 prisoners are lodged in Delhi jails excluding about 4,000 prisoners, who are at present released on interim bail/ emergency parole, the representation sent in February

had said.