Kerala High Court Flags Delay In Communicating Orders Rejecting Prisoners' Premature Release, Seeks State's Response

The Kerala High Court has directed the newly reconstituted State Level Advisory Committee (SLAC) of Prisons to expeditiously consider representations filed against the rejection of applications for premature release of prisoners, while expressing concern over delays in the processing and communication of such applications.A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M passed the direction while considering a batch of writ petitions and a suo motu proceeding initiated to oversee the implementation of policies governing the premature release and remission of sentences of eligible prisoners, in line with directions issued by the Supreme Court. The Court had earlier directed the State government to ensure the time-bound disposal of applications seeking remission of sentence and premature release of prisoners. It had also directed Kerala Legal Service Authority (KeLSA) to submit a report detailing the steps taken regarding inmates whose applications for premature release have been rejected. The Court examined the report submitted by KeLSA and observed that the report revealed a recurring lapse in communicating orders rejecting applications for premature release. According to KeLSA, prison authorities have, in several cases, failed to furnish prisoners and the concerned District Legal Services Authorities (DLSAs) with copies of rejection orders along with the reasons, despite a Home Department notification mandating such communication.The Bench also noted that 204 applications recommended for premature release are currently pending before the State Government for final consideration. KeLSA has requested the Additional Chief Secretary, Home Department, to take immediate steps to expedite the disposal of these pending cases.The State has been directed to submit a separate status report on transit homes and holding centres, as previously ordered in a related matter. Both reports are to be filed within two weeks.During the hearing, the High Court also referred to the Supreme Court's judgment dated July 16, 2026, in National Legal Services Authority v. Union of India & Others (W.P. (Crl.) No. 162 of 2025), which directed all States and Union Territories to formulate and notify, within three months, a comprehensive policy for the early or premature release of elderly and terminally ill prisoners in consultation with the respective State Legal Services Authorities.The State submitted that Kerala already has a statutory provision for such cases under Rule 464(ix) of the Kerala Prisons and Correctional Services (Management) Rules, 2014, which permits the recommendation of premature release where a designated Medical Board certifies that a prisoner's condition is likely to become fatal due to incurable diseases.The Court directed KeLSA to furnish details of all prisoners who are of advanced age or terminally ill so that the competent authorities may consider their cases under the existing legal framework. It also asked KeLSA to specify whether any such prisoners are among those whose applications are pending before the State Level Advisory Committee. Additionally, both the State and KeLSA have been directed to address the individual writ petitions seeking premature release and ensure that eligible prisoners receive appropriate relief.The matter has been posted for further consideration on August 18, 2026.Case Title: Suo Motu v State of Kerala and Ors. and connected casesCase No: WP(Crl.) 952/ 2026Counsel for Petitioners: Subash Chandran, Ahala Prakash K.V, Hamdan Mansoor K, V. VijithaCounsel for Respondents: T. Asaf Ali (DGP), Laliza T.Y (Sr. PP), P. Sreekumar (ASGI), Vidya Kuriakose(KeLSA), Jaisankar V. Nair (Sr. Panel Counsel)Click Here To Read/ Download Order

Kerala High Court Flags Delay In Communicating Orders Rejecting Prisoners' Premature Release, Seeks State's Response

Anamika MJ

Court directed KeLSA to furnish details of terminally ill, advanced age inmates to authorities who may consider plea for premature release.

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Anamika MJ

Kerala High Court Flags Delay In Communicating Orders Rejecting Prisoners' Premature Release, Seeks State's Response

Anamika MJ

Court directed KeLSA to furnish details of terminally ill, advanced age inmates to authorities who may consider plea for premature release.

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Anamika MJ

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