The Bombay High Court has recently raised concerns about terminally ill prisoners languishing in jails. It has urged the state government to act on the advisory notification by either granting them medical bail or placing them under house arrest.

The division bench of the Bombay High Court, comprising Justice Revati Mohite Dere and Justice PK Chavan, recently revealed during a hearing that they had visited Yerwada Central Jail in Pune to assess the condition of inmates, particularly women. 

The court noted the existence of a 2010 advisory issued by the Union Home Ministry regarding the policy for terminally ill prisoners. The bench was hearing a petition filed by Arun Bhelke, an undertrial prisoner incarcerated in Yerwada Jail since 2014 under the UAPA, along with his wife.  

Bhelke's wife was diagnosed with a terminal illness in 2020, but her application for medical bail was denied. Following the rejection, she approached the high court, which requested a medical report. The report disclosed that she required a heart and lung transplant. Tragically, before the court could pass an order, she passed away after spending seven years in custody.  

Subsequently, Bhelke petitioned the high court, seeking enforcement of the advisory and Prisoner’s Rules. Senior Advocate Gayatri Singh, representing Bhelke, highlighted that the advisory permitted the Superintendent to release terminally ill prisoners to their relatives to allow them to spend their final days with family.  

The bench has directed the state government to submit a detailed affidavit on the implementation of the advisory and related issues.