Balaji .M vs State Of Kerala
2021 Latest Caselaw 1239 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

 WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA,
                          1942

                 WP(C).No.585 OF 2021(W)


PETITIONER/S:

           BALAJI .M
           AGED 55 YEARS
           S/O.RAMAN NAIR, MULLATHU PALISSERY HOUSE,
           KORATTIKKARA P.O., KADAVALLOR VAZHI,
           KUNDAMKULAM, THRISSUR DISTRICT (CONVICT
           NO.C/337/17, CENTRAL PRISON, KANNUR).

           BY ADVS.
           SRI.AJEESH K.SASI
           SRI.VIPIN NARAYAN
           SMT.POOJA PANKAJ
           SRUTHY N. BHAT

RESPONDENT/S:

     1     STATE OF KERALA
           REPRESENTED BY SECRETARY, DEPARTMENT OF HOME,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
           001.

     2     DIRECTOR GENERAL,
           PRISONS AND CORRECTIONAL SERVICES, PRISONS
           HEADQUARTERS, KERALA, POOJAPPURA,
           THIRUVANANTHAPURAM-695 012.

     3     SUPERINTENDENT,
           CENTRAL PRISON, KANNUR, KANNUR-670 001.

           R1-3 BY SRI.SUMAN CHAKRAVARTHY, SENIOR
           GOVT.PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 13.01.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P. (C) No. 585 of 2021

                                     -2-



                              JUDGMENT

Dated this the 13th day of January, 2021

Petitioner is undergoing imprisonment at the

Central Prison, Kannur. He was granted parole as

per Ext.P1 order issued in terms of the

directions of the Honourable Supreme Court in suo

motu Writ Petition No.1 of 2020. The period of

parole was subsequently extended for various

spells. By G.O.(Rt) No.2170/2020 dated

01.10.2020, all the prisoners granted parole as

per Ext.P1 were directed to report back in three

different batches. Thereupon, certain prisoners

on parole filed writ petitions challenging the

Government Order, mainly on the ground that the

order, issued without the recommendation or

concurrence of the High Powered Committee

constituted in terms of the directions in Suo W.P. (C) No. 585 of 2021

Motu Writ Petition No.1 of 2020 (in re:Contagion

of Covid 19 Virus in Prisons) and hence, in

violation of the directives of the Apex Court. By

Ext.P2 judgment, this Court dismissed the writ

petitions in the light of the decision of the

High Powered Committee. While dismissing the

writ petitions, it was observed that it is for

the Government and the prison authorities to work

out the modalities for re-entry of the writ

petitioners and other prisoners. It was also

observed that in cases where medical or other

reasons have been cited as a ground for extending

the period of parole/leave, the petitioners can

make their submissions before the appropriate

authority under the Kerala Prisons and

Correctional Services (Management) Act and the

Rules (the Act and Rules' for short). Thereafter,

the Government issued Ext.P3 order specifying a W.P. (C) No. 585 of 2021

schedule for re-entry of the prisoners.

3. Sri.P.Vijayabhanu, learned Senior

Counsel appearing for the petitioner submitted

that in spite of the petitioner having submitted

representations before the authorities, citing

health reasons, he is being compelled to report

back without considering these representations.

It is pointed out that the petitioner had tested

positive for coronavirus on 12.12.2020 and though

he tested negative later, he is still suffering

from post covid syndromes like breathlessness,

joint pains, chest pain and sleep issues. It is

submitted that the compulsion to re-enter jail at

this point of time would have an adverse impact

on the petitioner's health condition.

4. Sri.Summan Chakravarthy, learned Senior

Public Prosecutor submitted that the petitioner's

representation was considered and rejected on W.P. (C) No. 585 of 2021

11.01.2021. It is contended that the Government

having acted in terms of the directions in Ext.P2

judgment while issuing Ext.P3 order, further

interference at the instance of individual

prisoners is not warranted. It is pointed out

that Chapter 42 of the Act and Rules contain

provisions for treatment and hospitalisation of

prisoners and that the request of the petitioner

was considered in accordance with those

provisions.

6. I find substantial force in the

contention of the Senior Public Prosecutor that,

Ext.P3 having been issued in terms of the

directions in Ext.P2 judgment, further

interference at the instance of individual

prisoners is unwarranted. As rightly contended,

parole/leave granted to the petitioner and other

similarly situated prisoners is a concession W.P. (C) No. 585 of 2021

extended by the Government in accordance with the

directions issued by the Honourable Supreme Court

with the objective of minimising the spread of

Covid-19 pandemic within jails. The Apex Court

had authorised the High Powered Committee to take

a decision regarding grant of leave/parole and

its time limit and the Committee unanimously

resolved that the prisoners on parole/leave

should report back immediately. Accordingly,

Ext.P2 judgment was rendered, leaving it to the

Government to work out the modalities for re-

entry of the prisoners and the Government has

issued Ext.P3 order. As pointed out by the

learned Public Prosecutor, it is for the prison

authorities to consider individual

representations based on medical and other , in

accordance with the provisions of the Act and

Rules.

W.P. (C) No. 585 of 2021

7. The learned Senior Counsel submitted

that the time limit fixed in Ext.P3, for the

petitioner for report back, is already over and

that the time may be extended till 18.01.2021 to

re-enter the prison. Taking into account Ext.P5

medical certificate, which shows that the

petitioner was suffering from post Covid issues,

he can be granted time till 18.01.2021.

The writ petition is hence disposed of,

extending the time limit, for the petitioner to

report back at the Central Prison, Kannur till

18.01.2021.

sd/-

V.G.ARUN JUDGE

Scl/13.01.2021 W.P. (C) No. 585 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE GO(RT) NO.970/2020 HOME DATED 25.03.2020 ISSUED BY ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME.

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 22.12.2020 INB WPC NO.23595 OF 2020 AND CONNECTED CASES.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 28.12.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL OFFICER IN CHARGE AT PRIMARY HEALTH CENTRE PERUMPILAVU CERTIFYING THAT THE PETITIONER TESTED COVID-19 POSITIVE ON 12.12.2020.

EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE DATED 26.12.2020 ISSUED BY DOCTOR TAJ PAUL PANAKKAL CIVIL SURGEON, SUPERINTENDENT TALUK HEAD QUARTERS HOSPITAL, OTTAPALAM.,

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P6 A A TRUE COPY OF THE COURIER RECEIPT DATED 31.12.2020 EVIDENCING THE REPRESENTATION SENT TO THE 1ST RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION MADE W.P. (C) No. 585 of 2021

BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 31.12.2020.

EXHIBIT P7 A A TRUE COPY OF THE COURIER RECEIPT DATED 31.12.2020 EVIDENCING THE REPRESENTATION SENT TO THE 2ND RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 31.12.2020.

EXHIBIT P8 A A TRUE COPY OF THE COURIER RECEIPT DATED 31.12.2020 EVIDENCING THE REPRESENTATION SENT TO THE 3RD RESPONDENT.