JUDGMENT :

A news item was published on 14th October, 2005 in the Indian Express, New Delhi stating that one Machal Lalung, a resident of Assam continued to languish as a undertrial prisoner in a psychiatric hospital for a period of 38 years even after he was declared fit by the Hospital in 1967. This news item was brought to the notice of this Court and a series of orders were passed. The said Machal Lalung was directed to be released from the psychiatric hospital. The High Courts Registries were required to collect and furnish the particulars of undertrial prisoners lodged in mental asylums. The reports received from the High Courts show that there are several other cases where mentally ill persons who have allegedly committed various offences are kept as undertrial prisoners in various psychiatric hospitals/nursing homes in various States. It appears that there are no periodic reports from these hospitals as to whether these mentally ill persons are fit enough to face trial for the offences for which they had been charged; and the respective courts are also not keeping track of the cases and there has been no regular posting of the cases for long periods. Consequently, several me