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Apex court to the rescue of mentally ill undertrials

Legal Correspondent

Bench reiterates its directions given in October 2007
District judges will monitor pending cases and give report to High Courts

New Delhi: The Supreme Court has ordered release of undertrial prisoners languishing in mental hospitals for years if their stay exceeded the maximum period of sentence for the offences they were charged with.

Acting on a news report about the plight of Machal Lalung in a mental hospital in Assam for 38 years, the court ordered his release and payment of compensation. Thereafter, the scope of the petition was enlarged to find out the plight of such prisoners across the country.

After getting reports from various High Courts, a three-judge Bench headed by Chief Justice K.G. Balakrishnan passed an order in October 2007 giving directions for the release of mentally ill prisoners who were unable to face trial. But as the order had not been properly implemented, the court reiterated the directions on Wednesday.

A Bench, consisting of Chief Justice Balakrishnan and Justices P. Sathasivam and J.M. Panchal, in its fresh order, said: “There are a large number of undertrial prisoners who are mentally ill and are thus unable to face trial. This court had passed an order on October 24, 2007 and issued directions to see that the trial of these undertrial prisoners was expedited or to see whether they could be released from jails or mental hospital as per law.”

The Bench said, “The district judges will monitor these pending cases and give a report after every six months to the respective High Courts and the High Courts may issue appropriate directions to protect the rights of these undertrial prisoners.”

In its October 2007 order, the court said: “Wherever any undertrial prisoner has been in jail for more than the maximum period of imprisonment prescribed for the offence for which he is charged [other than those charged for offences for which life imprisonment or death is the punishment] the magistrate/court shall treat the case as closed and report the matter to the medical officer in charge of the hospital so that he can consider discharge of the prisoner.”

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