Kerala High Court
Renju @ Renjith vs State Of Kerala on 12 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 15868 OF 2021
PETITIONER:
RENJU @ RENJITH,
AGED 37 YEARS
S/O. RAJENDRAN, VALLIVATTATHU HOUSE, ANANDAPURAM DESOM,
THRISSUR-680683
BY ADVS.
SRI.P.VIJAYA BHANU (SR.)
SRI.P.K.VARGHESE
SRI.K.R.ARUN KRISHNAN
SMT.SANJANA RACHEL JOSE
SRI.P.S.NISHAD
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES,
PRISONS HEADQUARTERS, KERALA, POOJAPPURA,
THIRUVANANTHAPURAM-695 012
3 SUPERINTENDENT.
CENTRAL PRISON, KANNUR, KANNUR, PIN-674004
BY ADV SRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.P.NARAYANAN, SPECIAL PROSECUTOR WITH DGP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.08.2021, ALONG WITH WP(C).16609/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C)Nos.15868 & :2:
16609 of 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 16609 OF 2021
PETITIONERS:
1 JASEENTHA [email protected]
AGED 67 YEARS
D/O P.V.GEORGE, W/O VINODKUMAR, PTHANANIKKAL HOUSE,
48/1661,A2,VYSHNAVAM FLAT, VALIYAPARAMBA ROAD,
ELAMAKKARA,
KANAYANNUR THALUK, ERNAKULAM DISTRICT-682026, C
NO.26,POOJAPPURA W0MEN OPEN PRISON AND CORRECTIONAL
HOME, THIRUVANANTHAPURAM-695012.
2 THOMAS KUTTY @ AJI,
AGED 41 YEARS
S/O DEVASYA THOMAS, MOOLAYIL VEEDU, NORTH EASTERN SIDE
OF CONVENT JUNCTION,KALUTHU WARD,
ALAPPUZHA DISTRICT-688802, C NO.1242, POOJAPPURA
CENTRAL PRISON AND CORRECTIONAL HOME,
THIRUVANANTHAPURAM-695012.
3 THOMAS @ THOMACHAN, AGED 63 YEARS
S/O.POTHA, AASARIKKALAYIL HOUSE, PARASSERI BHAGOM,
NJEEZHOOR KARA, NJEEZHOOR VILLAGE,
KOTTAYAM DISTRICT - 686612, C NO. 2116,POOJAPPURA
CENTRAL PRISON AND CORRECTIONAL HOME,
THIRUVANANTHAPURAM-695012.
BY ADVS.
SRI P.K.VARGHESE
SRI. K.R.ARUN KRISHNAN
SRI.MATHEW DEVASSI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF HOME, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
W.P(C)Nos.15868 & :3:
16609 of 2021
2 DIRECTOR GENERAL OF PRISONS & CORRECTIONAL SERVICES,
PRISONS HEADQUARTERS,KERALA, POOJAPPURA,
THIRUVANANTHAPURAM-695012.
3 SUPERINTENDENT,
POOJAPPURA WOMEN OPEN PRISON AND CORRECTIONAL HOME,
THIRUVANANTHAPURAM,
THIRUVANANTHAPURAM-695012.
4 SUPERINTENDENT,
POOJAPPURA CENTRAL PRISON AND CORRECTIONAL
HOME,THIRUVANANTHAPURAM-695012.
5 THE HIGH POWER COMMITTEE,
CONSTITUTED AS PER THE DIRECTION OF HON'BLE SUPREME
COURT OF INDIA FOR THE RELEASE OF PRISONERS IN STATE OF
KERALA. REP. BY ITS EXECUTIVE CHAIRMAN.
OTHER PRESENT:
SRI.P.NARAYANAN, SPECIAL PROSECUTOR WITH DGP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.08.2021, ALONG WITH WP(C).15868/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C)Nos.15868 & :4:
16609 of 2021
K.Vinod Chandran & Ziyad Rahman A.A., JJ.
------------------------------------------
W.P(C)Nos.15868 of 2021-G & 16609 of 2021-A
------------------------------------------
Dated this the 12th August 2021
JUDGMENT
Vinod Chandran, J.
Both the writ petitions challenge the order of the
Government dated 06.08.2021 restricting the ordinary leave
granted to prisoners up to 23.08.2021; which order is
produced in WP(C) 16609/2021. The learned Special Prosecutor
Sri Narayanan has taken instruction in W.P(C) No.15868/2021
and hence, we considered the same first.
2. The petitioner is a life convict undergoing
imprisonment in the Central Jail, Kannur. The petitioner
contends that the parole granted to the petitioner was in
pursuance of the order dated 23.03.2020 of the Hon'ble
Supreme Court which directed constitution of High Powered
Committees in every State to determine the category of
prisoners who should be released depending upon the nature of
offence, the number of years to which he/she has been
sentenced, the severity of offences which he/she is charged
with, the stage of trial and any other relevant factors which
the Committee thinks appropriate. The parole granted to the
16609 of 2021
prisoners by the High Powered Committee by virtue of the
orders of the Hon'ble Supreme Court cannot be interfered with
by the State Government is the argument of Sri.P.K Varghese,
learned counsel appearing for the petitioners. The learned
Special Prosecutor however, submits that the petitioners
herein were not released by the High Powered Committee and
they were on ordinary leave, which the Government in its
discretion extended by reason of the pandemic situation. The
Government is competent to restrict the leave so granted and
extended. The petitioners are all life convicts who do not
fall under the ambit of the category of prisoners directed to
be released by the High Powered Committee.
3. Ext.P1 is the order of the Hon'ble Supreme Court
dated 07.05.2021. At para 3 reference is made to the earlier
order of 23.03.2020 and the directions issued to the State
Governments and Union Territories to constitute High Powered
Committees to determine the class of prisoners who can be
released on parole or on interim bail for appropriate
periods. According to the learned Counsel, the Hon'ble
Supreme Court specifically directed the High Powered
Committees to take into account the directions contained in
para No.11 of the judgment in Arnesh Kumar vs. State of Bihar
2014(8) SCC 273] which is with respect to the arrest of
16609 of 2021
persons accused in criminal cases. Even while laying down
such guidelines in para 12 it was specifically declared so .
"12.We hasten to add that the directions aforesaid
shall not only apply to the cases under Section 498-A
IPC or Section 4 of the Dowry Prohibition Act, the
case in hand, but also such cases where offence is
punishable with imprisonment for a term which may be
less than seven years or which may extend to seven
years, whether with or without fine."
The above directions from the cited decision are only on
arrest of persons accused in criminal cases and not with
respect to release of prisoners on parole.
4. Learned Special Prosecutor has produced before us
the recent order issued by the High Powered Committee dated
09.05.2021:
"To be precise those prisoners remanded/convicted,
incarcerated in various jails in Kerala who have
been accused/who were accused, in connection with
commission of offences punishable with imprisonment
up to ten years or less, with or without fine but
without criminal antecedents, previous conviction or
who are under trial/remanded in more than one case
and not belonging to (1) Prisoners charge sheeted
16609 of 2021
for offences under section 20(b)(ii)B of NDPS Act;
(2) Prisoners charge sheeted for offences under the
POCSO Act (read with IPC offences) punishable with
ten years; (3) Prisoners charge sheeted for offences
under sections 372, 373, 376 and 366A and 392 if
committed on the Highway between sunrise and sunset,
either released earlier or recommended to be
released shall be released either on parole or on
interim bail subject to conditions imposed/decided
to be imposed."
Only those category of prisoners as directed by the High
Powered committee were released by virtue of the orders of
the Hon'ble Supreme Court, whose return to the prison will
definitely be subject to the orders issued by the High
Powered Committee or the Hon'ble Supreme Court.
5. The learned Counsel for the petitioner had
referred to an earlier instance of a challenge raised having
been decided by a learned Single Judge of this Court finding
the Government to be not competent to interfere with the
orders issued by the High Powered Committee. The said
judgment dt 22.12.2020 in W.P(C) No. 23595/2020 and connected
matters was produced before us across the Bar. On a reading
of the same we find that therein the release of the prisoners
16609 of 2021
was under the orders issued by the High Powered Committee
which later was withdrawn by the Committee itself. The
learned Single Judge refused to interfere and rejected the
writ petitions. We find the said judgment to have no
application in the case of the petitioners whose release was
not under the directions issued by the High Powered
Committee.
6. On facts, the petitioner in W.P(C) 15868/2021 is
a life convict who was released on 26.04.2021 for twenty days
in accordance with the Kerala Prisons and Correctional
Services (Management) Act and Rules. The petitioner's leave
was extended for ninety days and after leave, he was supposed
to surrender on 06.08.2021, on which date the Government has
now again extended the period up to 23.08.2021 as per the
impugned order in W.P(C) 16609/2021. Similar are the facts
concerning the petitioners in the other writ petition also,
all of whom are life convicts undergoing imprisonment in the
Women Open Prison and Correctional Home, Poojappura and
Central Prison and Correctional Home, Poojappura
respectively, both at Thiruvananthapuram. We do not find
any reason to interfere with the directions issued by
the Government either on the extension or on the date
specified for return to the prisons. The writ petitions would
16609 of 2021
stand rejected. We hasten to add that the rejection of these
writ petitions would not stand in the way of the Government
extending the leave further; if on the pandemic or any other
situation, the Government finds it expedient.
Sd/-
K.Vinod Chandran,
Judge
Sd/-
Ziyad Rahman A.A.,
Judge
jma/-
16609 of 2021
APPENDIX OF WP(C) 15868/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE SUPREME COURT DATED 07.05.2021 IN SUO
MOTO WRIT PETITION NO.1/2020
Exhibit P2 A TRUE COPY OF THE ORDER DATED 16.07.2021
PASSED BY THE HON'BLE SUPREME COURT IN SUO
MOTO WRIT PETITION @ NO. 1/2020
16609 of 2021
APPENDIX OF WP(C) 16609/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE SUPREME COURT, DATED 07/05/2021 IN
SUO MOTO WRIT PETITION @ NO./2020
Exhibit P2 A TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE SUPREMECOURT IN SUO MOTO WRIT
PETITION @ NO.1/2020 DATED 16.07.2021
Exhibit P3 A TRUE COPY OF THE ORDER DATED 06/08/2021
ISSUED BY THE JOINT SECRETARY OF 1ST
RESPONDENT OFFICE.
