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Synopsis

The Bombay High Court has recently expressed its concern over terminally ill prisoners languishing in jails. The high court asked the state government to implement the advisory notification and either grant medical bail or place them under house arrest.

The division bench of the high court comprising Justice Revati Mohite Dere and Justice PK Chavan in a hearing said that they visited Yerwada Central Jail in Pune on Sunday and enquired about the condition of inmates, especially women.

The high court said that there was an advisory notified by the Union Home Ministry in 2010 on policy for terminally ill patients in jails and prisons.

The bench was hearing a petition filed by Arun Bhelke who along with his wife was an undertrial prisoner incarcerated in Yerwada Jail after they were arrested in 2014 in a case registered under UAPA.

Bhelke’s wife was diagnosed with terminal illness in 2020 but her medical bail was rejected. After her bail was rejected she approached the high court, which sought a medical report. The report revealed that she needed a heart and lung transplant. Before any order was passed by the court, his wife passed away after spending 7 years in jail.

Bhelke then approached the high court seeking direction to implement the advisory and Prisoner’s Rules. Senior Advocate Gayatri Singh appearing for Bhelke informed the bench that the advisory allowed the Superintendent to hand over the terminally ill patients to their relatives to spend their last few days.

The bench asked the state government to file a detailed affidavit on the issue and implementation of advisory.