Kerala High Court
Manju @ Sujith vs State Of Kerala on 13 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.
FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
WP(C) NO.16847 OF 2021-E
PETITIONER/S:
1 MANJU @ SUJITH, AGED 37 YEARS, S/O. VIJAYAN,
RESIDING AT CHEPPILAPOZHY VEEDU,
NEAR KUTTIKKADU JUNCTION, CHERTHALA,
ALAPPUZHA DISTRICT-688 5311
2 MANOJ, AGED 39 YEARS, S/O. THAMPY,
CHIRAVAKOTTUKANAM PUTHENVEEDU, MASLAPPARIKKONAM,
ULIYAZHTHARA, THIRUVANANTHAPURAM DISTRICT-695 588
3 BABIN, AGED 41 YEARS, S/O. BABY,
KIZHAKKATHIL VEEDU, OOLANKAZHY, TC 76/2122,
KADAKAMPALLY VILLAGE,
THIRUVANANTHAPURAM DISTRICT-695 029
4 BOSE, AGED 37 YEARS, S/O. NIZAR,
PANAKUZHY VEEDU, NEAR RAILWAY GATE, PETTAH,
THIRUVANANTHAPURAM DISTRICT-682 038
5 UNNI @ UNNIKRISHNAN, AGED 39 YEARS, S/O. VELAYUDHAN,
THIRUVALAYANNUR VEETIL, THIRUVALAYANNUR DESOM,
VADAKKEKKAD VILLAGE, THRISSUR DISTRICT-679 562
6 VIJAYAN, AGED 41 YEARS, S/O. KOLATHIL APPU,
KOMBATHEYIL PADY DESOM, VADAKKEKKAD VILLAGE,
THRISSUR DISTRICT-679 562
7 SAJU @ MRUGAM SAJU, AGED 46 YEARS, S/O.RAJPPAN,
KALATHINTHARA HOUSE, CHERAI P.O.,
ERNAKULAM DISTRICT-683 514
BY ADVS.
SRI.P.VIJAYA BHANU (SR.)
SRI.P.K.VARGHESE
SRI.K.R.ARUN KRISHNAN
SMT.SANJANA RACHEL JOSE
WP(C) No.16847 of 2021 - 2 -
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 DIRECTOR GENERAL OF PRISONS & CORRECTIONAL SERVICES,
PRISONS HEADQUARTERS, KERALA, POOJAPPURA,
THIRUVANANTHAPURAM-695 012.
3 SUPERINTENDENT,
CENTRAL PRISON AND CORRECTIONAL HOME, KANNUR-670004.
4 SUPERINTENDENT,
OPEN PRISON AND CORRECTIONAL HOME, NETTUKALTHERI,
THIRUVANANTHAPURAM-695 572.
5 SUPERINTENDENT,
POOJAPPURA CENTRAL PRISON AND CORRECTIONAL HOME,
THIRUVANANTHAPURAM-695 012.
6 SUPERINTENDENT,
HIGH SECURITY PRISON, VIYYUR, THRISSUR.
7 SUPERINTENDENT,
CENTRAL PRISON, VIYYUR, THRISSUR-680 010.
8 SUPERINTENDENT
OPEN PRISON AND CORRECTIONAL HOME,
CHEEMENI, KASARGOD DISTRICT-671 313
9 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
BY SPECIAL PROSECUTOR WITH DGP SRI.P.NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.08.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) No.16847 of 2021 - 3 -
K. Vinod Chandran & Ziyad Rahman A.A., JJ.
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W.P(C) No.16847 of 2021-E
-------------------------------------------
Dated, this the 13th August 2021
JUDGMENT
Vinod Chandran, J.
The above writ petition is with respect to an
order passed by the Government directing, prisoners
who were granted parole; which also stood extended
due to the pandemic, to report back on 23.08.2021.
The petitioners herein are convicts sentenced inter
alia to life imprisonment. The contention raised by
the petitioners is that the Government has no such
powers, since the parole has been granted by the High
Powered Committee constituted as per the orders of
the Hon'ble Supreme Court.
2. We have already dealt with the issue in
W.P(C)Nos.15863/2021 and 16609/2021 by judgment dated
12.08.2021. We found that the High Powered Committee
was considering only certain categories, specifically
the following as per its order 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 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."
The petitioners herein are life convicts and do not
fall under any of the above categories. The
petitioners were granted leave by the Government and
it stood extended by the Government. The power lies
with the Government to direct, when they report back
to the prisons, to serve the sentence handed down by
competent Courts. In such circumstances, we do not
find any reason to entertain the writ petition. We
reject the same in limine. As in the other writ
petitions, we clarify that the rejection of the writ
petition 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
vku/-
APPENDIX OF WP(C) 16847/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER PASSED BY THE
HON'NBLE SUPREME COURT DATED 07.05.2021 IN
SUO MOTO WRIT PETITION (C) NO.1/2020
Exhibit P2 A TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE SUPREME COURT IN SUO MOTO WRIT
PETITION (C) 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.
