The High Court of Kerala in a bench comprising the Hon’ble Justice P.V. Kunhikrishnan held that it is the Constitutional Court's responsibility to ensure that the prisoner's basic rights like emergency leave under rule 397(a) of the Kerala Prisons and Correctional Services (Management) Rules, 2014, are not violated.
Brief Facts of the Case:
The Petitioner, Mr. Manoj @ Irumban Manoj's wife, is facing life in prison for owning a devastated 0.0121 hectares of land in Edavilangu village. The Petitioner and her family are houseless and live in rented housing. The Petitioner is requesting that her spouse be granted emergency leave/parole to fulfil the Life Housing Scheme requirements. The Petitioner requests a Writ of Mandamus ordering the release of her spouse and other relevant relief.
Contentions of the Petitioner:
The Petitioner's husband is requesting emergency leave under Rules 2014 owing to the collapse of his dwelling house, as he is the family head and his presence is required for sanctioned benefits under the Life Housing Scheme.
Contentions of the Respondent:
The Public Prosecutor informed the Superintendent of Central Prison and Correctional Home, Viyyur, Thrissur, to grant ordinary leave to well-behaved offenders serving a year or more and a third of their sentence. They further contested that the convicted inmates may be released on parole for serious sickness or death, and emergency leave is granted for non-national security offences. However, the police state that at this point, stated that releasing the prisoner could lead to political and other law and order issues.
Observations of the Court:
The Court observed that the Petitioner's husband, C No.102/22, is entitled to emergency leave under Rule 400(1)(iii) of the Rules 2014. The District Police Chief, Thrissur Rural, is responsible for ensuring protection in case of law and order problems. The Court also noted that several petitions for emergency leave are filed by convicts and their relatives, and jail authorities should process these applications promptly. The Court believes that inmates in prisons should not be denied their basic human rights, and the court should ensure no violation of these rights.
The Decision of the Court:
The request for emergency leave for the Petitioner's husband, Mr. Manoj @ Irumban Manoj, as per Rule 400(1)(iii) of the Kerala Prisons and Correctional Services (Management) Rules, 2014 has been sanctioned. The jail authorities have to immediately assess requests for leave and pass orders, and the decision will be notified to the prisoner and their relative within one week. Directions will be issued by the Director General of Prisons and Correctional Services.
Case Title: Rama vs. State of Kerala & Anr.
Coram: Hon’ble Justice P.V. Kunhikrishnan
Case No.: WP(CRL.) NO. 1215 OF 2023
Advocate for Petitioner: Adv. Arun Krishna Dhan, Adv. T.K.Sandeep, Adv. Arjun Sreedhar, Adv. Alex Abraham, Adv. Swetha R., Adv. Hari Krishnan P.B.
Advocate for Respondent: Public Prosecutor, Superintendent of Jail
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