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New Delhi, Nov 13 (IANS) The Delhi High Court has ordered that an 81-year-old woman convict, who is bed-ridden and suffering from multiple ailments, be shifted to home confinement until the government decides on her plea for premature release under Delhi jail rules.
A single-judge bench of Justice Amit Mahajan, while disposing of the petition filed by Kailash Vati seeking extension of parole, said that his medical condition has made it impossible for him to surrender and serve the remaining seven years of his sentence.
Justice Mahajan said, “The Court cannot be so inhuman that it adopts a blind and insensitive approach towards the plight of an elderly woman.” He emphasized that despite being convicted of dowry death, the petitioner “is still a human being deserving respect.”
The petitioner, who was convicted along with her husband and son in 2000 for offenses under sections 498A and 304B of the IPC in a 1987 case, lost her son in 2015 and her husband in 2017.
The octogenarian, who underwent two major hip surgeries after a fall inside prison in 2017, has since been on parole for medical reasons. In its judgment, the Delhi High Court said she has been bedridden for years and “is not able to walk or carry out her day-to-day activities without the help of an attendant.”
Acknowledging that Delhi prison rules limit parole to a maximum of 16 weeks a year, Justice Mahajan said directing her to surrender would be “ignorant of reality”, commenting: “She will not be able to serve the remainder of her sentence, especially since the prison authorities will be unable to provide her round-the-clock assistance or appropriate facilities required by her condition.”
It ordered that the petitioner be confined to her home under the supervision of her surviving son and said, “The interests of justice will be served if the petitioner is confined to her home until her case is considered for clemency or premature release.”
She has been directed to furnish a personal bond of Rs 10,000 with two sureties and cannot leave the house except for her treatment. The Delhi High Court also directed the city government to examine his case for premature release under Rule 1246A, which was introduced in 2024 to provide relief to disabled convicts above 70 years of age.
Justice Mahajan said, “The authorities concerned are directed to decide the case of the petitioner for premature release expeditiously, preferably within a period of four weeks.”
Highlighting the larger issue of elderly convicts stuck in the parole cycle for long periods due to their inability to surrender, the Delhi High Court asked the city government to amend the prison rules.
Justice Mahajan said, “It is for the appropriate authorities to make rules to cover such exigencies…where the convict, who is incapacitated by reason of health or age, is not in a position to surrender even after the expiry of the period of release on parole.”
–IANS
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