Kerala HC Directs Bi-Weekly Prison Reviews, Strict NALSA SOP Timelines for Premature Release Applications

The Kerala High Court has directed KeLSA and prison authorities to hold bi-weekly coordination meetings and strictly follow NALSA SOP timelines for disposing of premature release and remission applications.

A Division Bench of the Kerala High Court, led by Chief Justice Soumen Sen and Justice Syam Kumar V.M., on 29 June 2026 issued a series of directions to the Kerala Legal Services Authority (KeLSA), the Prison Department, and the Director General of Prosecution to ensure that applications for premature release and remission of sentence are processed in a time-bound manner. The order, passed in four connected writ petitions, comes against the backdrop of statistical data showing hundreds of life convicts and term-sentence prisoners whose applications remain pending or have been rejected without follow-up legal assistance. The court also suo motu impleaded the Union of India and the Foreigners Regional Registration Officer in one of the connected petitions concerning transit homes.

The Petitions and the Statistical Picture

The four writ petitions — Fidha Nishad v. State of Kerala (WP(Crl.) 923/2026), Sasidharan v. State of Kerala (924/2026), a suo motu matter (952/2026), and Chandrika v. State of Kerala (955/2026) — were heard together. The court had earlier passed an order on 9 June 2026, and the present proceedings arose from a compliance report filed by the Member Secretary, KeLSA, pursuant to that earlier order.

The Prison Department furnished consolidated statistical data on 27 June 2026. The figures reveal the scale of the problem:

• Total life convicts in Kerala prisons: 1,851
• Life convicts eligible for consideration before the Jail Advisory Board: 316
• Life convicts whose cases are pending before the Government: 127
• Life convicts rejected by the Jail Advisory Board: 159
• Life convicts rejected by the Government: 5
• Life convicts considered by the State Level Advisory Committee (SLAC): 370
• Applications pending before SLAC: 7
• SLAC applications pending before the Government: 364
• Term-sentence prisoners eligible before the Jail Advisory Board: 279

KeLSA acknowledged in its affidavit that it had been unable to identify each prisoner requiring case-specific legal intervention under Clause 4.3 of the NALSA SOP until it received this data from the Prison Department.

What KeLSA Has Been Directed to Do

Having received the statistical data, KeLSA instructed the District Legal Services Authorities (DLSAs) to take four specific steps. First, identify every eligible prisoner who has not yet submitted an application for premature release and provide legal assistance for preparing and submitting such applications. Second, identify every prisoner whose application has been rejected — whether by the Jail Advisory Board, SLAC, or the Government — communicate the available legal remedies, and provide effective legal aid for challenging rejection orders where legally sustainable.

Third, ensure that the Legal Aid Defence Counsel System, Jail Visiting Lawyers, and Para-Legal Volunteers assist in collecting records, preparing petitions, and instituting appropriate legal proceedings. Fourth, maintain continuous interaction with prisoners so that no eligible prisoner is deprived of legal assistance due to lack of awareness or inability to access legal services.

The court took the status report dated 29 June 2026 filed by the Member Secretary, KeLSA, on record.

Bi-Weekly Coordination and Time-Bound Disposal

The bench directed that there shall be proper coordination between KeLSA and the respective DLSAs, and that a bi-weekly meeting shall be held between the Secretaries of the DLSAs, the Member Secretary of KeLSA, and Prison officials to review the position on an ongoing basis.

The court also requested the Director General of Prosecution to intervene and ensure that all applications seeking remission of sentence or premature release are disposed of in a time-bound manner. The bench was explicit: the timelines prescribed in the NALSA SOP for consideration and disposal of such applications “shall be strictly adhered to.”

The authorities entrusted with considering these matters were further directed to strictly follow the directions issued by the Supreme Court, as referred to in paragraph 5 of the court's own order dated 9 June 2026, and to follow the guidelines contained in paragraphs 9 and 19 of the Supreme Court judgment extracted in that order.

Further Reports Ordered; Deputy Inspector General Relieved for Now

KeLSA was directed to file a further report disclosing the steps taken in respect of inmates of Correctional Homes whose applications for premature release have been rejected. The Prison Department was directed to file a better affidavit or report indicating the status of applications pending before the Government and SLAC, as reflected in the 27 June 2026 statistical data. A copy of that report is to be furnished to the Member Secretary, KeLSA.

The Deputy Inspector General of Prisons, who was present in court in compliance with the 9 June 2026 order, was told that his further presence is dispensed with for the time being.

Transit Homes and Suo Motu Impleadment

In WP(Crl.) No. 952 of 2026, the suo motu matter, the court took on record a report filed by the Member Secretary, KeLSA, concerning transit homes. A copy of that report was directed to be served on counsel for the Union of India.

The court suo motu impleaded two additional respondents in that petition: the Union of India, represented by the Secretary, Ministry of Home Affairs, North Block, New Delhi, and the Foreigners Regional Registration Officer and Civil Authority at the Office of the FRRO, Cochin International Airport, Nedumbassery. The State was directed to consider the KeLSA report in the meantime, file its response, and suggest suitable measures to avoid overcrowding and improve conditions in the institution.

Outcome

All four matters were adjourned to 27 July 2026. The bench's directions require KeLSA and DLSAs to begin identifying and assisting eligible prisoners immediately, the Prison Department to file a detailed status affidavit, and the Director General of Prosecution to ensure time-bound disposal of pending remission and premature release applications in accordance with NALSA SOP timelines and Supreme Court guidelines.