Thiruvananthapuram: The Kerala high court has directed the State Government to ensure the time-bound disposal of prisoners’ remission and premature release applications, stressing strict compliance with the National Legal Services Authority (NALSA) Standard Operating Procedure (SOP). The Court expressed concern over delays affecting eligible prisoners and ordered authorities to clear pending cases within the prescribed timelines.
Details of Kerala Prisoners Remission and Premature Release
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. issued the directions while hearing a batch of writ petitions along with a suo motu case related to the implementation of policies governing remission of sentence and premature release.
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The Bench noted that many eligible prisoners continue to wait for decisions despite existing legal procedures.
Court Reviews Prison Data Submitted by KeLSA
The Court considered a compliance report filed by the Kerala State Legal Services Authority (KeLSA) based on data submitted by the Prison Department on June 27. According to the report:
- Kerala has 1,851 life convicts.
- 316 prisoners are eligible for consideration by Jail Advisory Boards.
- 127 applications are pending before the State Government.
- 364 applications recommended by the State Level Advisory Committee (SLAC) are awaiting government decisions.
- Seven applications are still pending before the SLAC.
KeLSA’s Role Appreciated by the Court
The High Court observed that KeLSA could not identify all prisoners requiring legal intervention until the Prison Department supplied complete data. The Court appreciated the work of District Legal Services Authorities (DLSAs), which have:
- Identified eligible prisoners who had not yet applied.
- Helped inmates file applications.
- Guided prisoners on legal remedies after rejection.
- Continued legal assistance through legal aid lawyers and para-legal volunteers.
Strict Compliance with NALSA SOP Ordered
The Court directed all authorities dealing with remission and premature release cases to strictly follow the timelines prescribed under the NALSA Standard Operating Procedure (SOP).
It also instructed authorities to comply with earlier directions issued by the Supreme Court regarding the timely consideration of remission and premature release applications.
Kerala Prisoners Remission and Premature Release: Additional Directions Issued by the Court
The Court ordered KeLSA to submit another report explaining the action taken for prisoners whose applications were rejected. The Prison Department has also been directed to file a detailed affidavit showing the status of all pending applications before the Government and the State Level Advisory Committee.
Kerala Prisoners Remission and Premature Release: Transit Homes and Prison Conditions Also Reviewed
In connected proceedings concerning transit homes, the High Court made the Union Ministry of Home Affairs and the Foreigners Regional Registration Office (FRRO), Kochi additional respondents.
The State Government has been asked to examine KeLSA’s report and suggest measures to reduce overcrowding and improve prison facilities. The matter is scheduled for further hearing on July 27, 2026.
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