Big relief to the 105 year old man from the Supreme Court: In the 38 year old case, the court asked – is he alive, why should he not be released forever?

The Supreme Court of the country has once again given a big message on the aspect of human sensibilities and excessive age of prisoners in the justice system. During the hearing of a nearly 38-year-old criminal case, the Supreme Court bench expressed deep concern when it looked at the age of the 105-year-old man and the lengthy legal process. The court, while commenting orally, asked whether the person is still alive and at such an advanced age, when the person himself is dependent on others for daily activities, why should he not be exempted from the prison sentence forever.

Legal process stretching from lower court to apex court

This case dates back about four decades, when a criminal case was registered against the concerned person at the local level under serious sections. The verdict of conviction came after a trial that lasted for years in the trial court and then in the High Court. After this the appeal reached the Supreme Court. Due to cases being buried and pending in the files for decades, by the time the final verdict comes, the accused or the convicts reach the last stage of their life. Underscoring this discrepancy, the court said that due to judicial delay, the condition of elderly prisoners becomes extremely pathetic.

Permanent release and human rights of very senior prisoners

The Supreme Court, during the hearing, emphasized that keeping a person above 100 years of age in jail not only poses medical challenges for the jail administration, but is also an issue related to the basic human rights of the prisoner. The court has asked the concerned state government and the prosecution to submit an accurate report on the present physical condition, health and living conditions of the prisoner. The bench emphasized that even amidst the stringent provisions of the law, Article 21 of the Constitution guarantees the right to live life with human dignity.

Fresh discussion on cases pending in the justice system

This judgment and the court’s scathing comments have once again sparked debate on the time taken to dispose of cases in the Indian justice system. Legal experts believe that for prisoners who are above 80 or 90 years of age and have served a major part of their sentence, states should make arrangements for speedy decision making under the special pardon and release policy so that a person does not have to make rounds of the courts even after crossing the century.