New Delhi, Nov 13 (NationPress) The Delhi High Court has mandated that an 81-year-old woman convict, currently bedridden and afflicted with several health issues, be placed under home confinement while the government deliberates on her request for premature release according to the Delhi Prison Rules.

A single-judge Bench presided by Justice Amit Mahajan ruled on the petition submitted by Kailash Wati requesting an extension of her parole, indicating that her deteriorating medical condition rendered it unfeasible for her to return to prison and serve the remaining portion of her seven-year sentence.

“The Court cannot adopt a heartless stance that is unresponsive to the suffering of an elderly woman,” remarked Justice Mahajan, underscoring that despite her conviction for dowry death, the petitioner “is still a human being deserving of dignity.”

The petitioner was found guilty alongside her husband and son in 2000 for violations under Sections 498A and 304B of the IPC, stemming from a case in 1987. She experienced the loss of her son in 2015 and her husband in 2017.

This octogenarian, who underwent two significant hip surgeries due to a fall in prison in 2017, has since remained on parole for medical reasons. The Delhi High Court highlighted that she has been bedridden for several years and “cannot walk or perform daily activities without assistance from an attendant.”

While acknowledging that the Delhi Prison Rules restrict parole to a maximum of 16 weeks annually, Justice Mahajan declared that requiring her to surrender would be “blind to reality,” stating: “She will not be able to complete her sentence, particularly as prison officials cannot provide her with the continuous support or appropriate facilities her condition necessitates.”

The court mandated that the petitioner remain under home confinement under the care of her surviving son and stated, “The interests of justice will be served if the petitioner is confined at home while her case is reviewed for clemency or premature release.”

She is required to sign a personal bond of Rs 10,000 with two sureties and is prohibited from leaving home “except for medical treatment.” The Delhi High Court also instructed the city government to assess her case for premature release under Rule 1246A, introduced in 2024 to assist incapacitated convicts over 70 years old.

“The relevant authorities are instructed to expedite the decision regarding the petitioner’s premature release, ideally within four weeks,” noted Justice Mahajan.

In addressing the broader issue of elderly convicts caught in extended parole situations due to their inability to surrender, the Delhi High Court urged the city government to revise prison regulations.

“It is imperative for the appropriate authorities to create rules that accommodate such situations… where convicts incapacitated by health or age are unable to surrender even after their parole period has expired,” stated Justice Mahajan.