Coming across a case where a person acquitted of all charges after his mental health condition was ascertained continues to languish in jail for the last 10 years, the Madurai Bench of the Madras High Court has directed the State government to conduct an inspection and ascertain whether similar such persons were languishing in jails across the State.The court was hearing a petition filed by the man’s brother from Ariyalur district. The petitioner’s brother suffered from paranoid schizophrenia and was accused of hacking their mother to death in 2016 following a quarrel with their parents.Mahila Court in Ariyalur, on ascertaining the mental health status of the accused, came to a conclusion that he was suffering from chronic mental health condition and acquitted him of all charges. While acquitting him, the trial court directed him to be detained in Tiruchi Central Prison till the State government decides to deliver the accused to any of his friends or relatives.The grievance of the petitioner was that for the last ten years, his brother continues to be inside Tiruchi Central Prison.A Division Bench of Justices N. Anand Venkatesh and K.K. Ramakrishnan said this was one of the most unfortunate cases where an accused person after having been acquitted from all charges continues to languish in jail for the last ten years. This was the height of violation under Article 21 of the Constitution.If really the person concerned was suffering from a chronic mental health condition, to ensure his protection and in the interest of society, he has to be placed in a Mental Health Institute and he can never be detained in a jail. The fact that the petitioner’s brother has continued to languish in jail for the last ten years tantamount to illegal custody for ten years, the court said.The present case on the face of it warrants the payment of compensation to the detenu for his illegal custody for the last ten years, the court said.The court said a larger issue was involved. Apart from granting the necessary remedy to the detenu, we are also inclined to ascertain as to whether there are any such similar cases where the accused persons who have been acquitted or have already suffered sentences and are suffering from mental health conditions, continue to languish in various jails across the State.The court directed the Tamil Nadu Home Secretary and the Director General of Prisons and Correctional Services to constitute a team and take the help of the Legal Services Authority to make an inspection in all the jails across Tamil Nadu to ascertain the facts and file a report. The court posted the matter for hearing to June 22. Published - June 12, 2026 09:12 pm IST