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13.7. Fourth, he submitted that the petitioner, in view of her medical condition, be allowed to serve the confinement at home under the care of her next of kin. In support of his contention, the learned amicus curiae placed reliance on the decision of the Hon'ble High Court at Calcutta in The Court in its own motion: In re: Overcrowding in prisons : WPA 5440 of 2020 wherein the Hon'ble Court had observed that in extremely special and exceptional circumstances, subject to the approval by the competent judicial authority and the State Executive, a convict facing imminent death may be allowed to serve their confinement at home under the care of their next of kin and had also directed that such measures for terminally ill prisoners be implemented.

13.8. He submitted that the Hon'ble High Court of Madras in M. Rajeshwari vs. Additional Director General of Police & Ors : 2021 SCC OnLine Mad 420 while placing reliance on the decision of the Hon'ble High Court of Calcutta in The Court in its own motion: In re: Overcrowding in prisons (supra) had allowed the convict to be confined in her home in view of her health condition, and had directed the authorities to pass orders under Rules 632 and 633 of the Tamil Nadu Prison Manual, 1983 within a period of three months for the release of the convict. He consequently suggested that till such time as the plea of clemency or premature release of the petitioner is decided, this Court in exercise of powers under Article 226 of the Constitution of India, may direct the detention of the petitioner in her home to subserve the ends of justice.

21.4. Fourthly, it has been suggested that in view of the medical condition of the petitioner, till such time as the premature release or the plea of clemency of the petitioner is decided, the petitioner be allowed to serve the confinement at home under the care of her next of kin. In that regard, reliance has been placed on the judgment of the Hon'ble High Court of Calcutta in The Court in its own motion: In re: Overcrowding in prisons: WPA 5440 of 2020 and the judgment of the Hon'ble High Court of Madras in M. Rajeshwari vs. Additional Director General of Police & Ors : 2021 SCC OnLine Mad 420.

26. In the case of The Court in its own motion: In re:

Overcrowding in prisons: WPA 5440 of 2020, the Hon'ble High Court of Calcutta had taken note of Circular being No. V- 17014/5/2010-PR dated 13.08.2010 addressed by the Ministry of Home Affairs to the Chief Secretary, Principal Secretary (Prisons) / Principal Secretary (Home-in charge of Prisons) of all State Governments and UT Administrations, whereby State Governments and UT administrations were advised to amend legislation/ rules to enable terminally ill patients to receive medical care and die in dignity whilst being surrounded by family instead of in desolate prison environment.