Kerala High Court Directs Time-Bound Disposal Of Prisoners' Remission & Premature Release Pleas, Orders Strict Adherence To NALSA SOP

The Kerala High Court on Monday (29 June) directed the State government to ensure the time-bound disposal of applications seeking remission of sentence and premature release of prisoners, while expressing concern over the large number of eligible convicts whose cases remain pending before various authorities.A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. passed the directions while considering a batch of writ petitions and a suo motu proceeding initiated to oversee the implementation of policies governing the premature release and remission of sentences of eligible prisoners, in line with directions issued by the Supreme Court.The court took on record a compliance report filed by the Kerala State Legal Services Authority (KeLSA), which relied on consolidated data submitted by the Prison Department on June 27.According to the figures placed before the court, Kerala has 1,851 life convicts, of whom 316 are eligible for consideration by Jail Advisory Boards. The data further revealed that 127 applications are pending before the government, while 364 applications recommended by the State Level Advisory Committee (SLAC) are also awaiting government decisions. Seven applications remain pending before the SLAC.The Court noted that KeLSA could not previously identify every prisoner requiring case-specific legal intervention under the National Legal Services Authority (NALSA) Standard Operating Procedure until the Prison Department supplied the required data.The court also recorded the steps initiated by KeLSA through District Legal Services Authorities (DLSAs), including identifying eligible prisoners who have not yet applied for premature release, extending legal assistance for filing applications, informing prisoners of remedies against rejection orders, facilitating legal challenges wherever sustainable, and ensuring continued legal support through Legal Aid Defence Counsel Systems, jail visiting lawyers and para-legal volunteers.The Court had directed that KeLSA and the DLSAs must maintain close coordination and hold bi-weekly meetings with prison officials to review progress.The Court has further requested the Director General of Prosecution to intervene so that all applications for remission or premature release are decided within the timelines prescribed under the NALSA SOP. It further ordered that authorities strictly comply with the Supreme Court's earlier directions governing consideration of remission and premature release cases."The timelines prescribed in the NALSA SOP for consideration and disposal of applications seeking remission of sentence or premature release shall be strictly adhered to...The authorities entrusted with considering such matters shall strictly adhere to the directions issued by the Hon'ble Supreme Court, as referred to in paragraph 5 of the order dated 9th June 2026, and shall also follow the guidelines contained in paragraphs 9 and 19 of the judgment of the Hon'ble Supreme Court." Court saidThe Court also directed KeLSA to submit a further report detailing the steps taken regarding inmates whose applications for premature release have been rejected. The Prison Department has been asked to file a comprehensive affidavit explaining the status of applications pending before the government and the SLAC.In a connected proceedings concerning transit homes, the Bench impleaded the Union Ministry of Home Affairs and the Foreigners Regional Registration Office (FRRO), Kochi, as additional respondents. It also directed the State to examine KeLSA's report and propose measures to prevent overcrowding and improve the institutions.The matters have been posted on July 27 for further consideration.Case Title: Suo Motu v State of Kerala and Ors and connected casesCase No: WP(Crl.) 952/ 2026 and connected casesCounsel for Petitioners: Subash Chandran, Ahalya Prakash K.V, Hamdan Mansoor K, V. Vijitha, Click Here To Read/ Download Order

Kerala High Court Directs Time-Bound Disposal Of Prisoners' Remission & Premature Release Pleas, Orders Strict Adherence To NALSA SOP

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Kerala High Court Directs Time-Bound Disposal Of Prisoners' Remission & Premature Release Pleas, Orders Strict Adherence To NALSA SOP

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