Radhamma C.V vs The State Of Kerala
2021 Latest Caselaw 2660 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                      WP(C).No.25084 OF 2020(I)


PETITIONER:

               RADHAMMA C.V.,
               AGED 70 YEARS
               D/O.CHELAN, T.C.45/1990 HOUSE, CHERUKKODE LANE,
               KARAMANA P.O., THIRUVANANTHAPURAM DISTRICT - 695 002.

               BY ADVS.
               SMT.PARVATHY S.KRISHNAN
               SHRI.MITHUN P.
               SHRI.AFSAL KHAN H.

RESPONDENTS:

      1        THE STATE OF KERALA
               HOME DEPARTMENT, REPRESENTED BY ITS PRINCIPAL
               SECRETARY, THIRUVANANTHAPURAM - 695 001

      2        THE DIRECTOR GENERAL OF PRISON AND CORRECTIONAL
               SERVICE (DGP)
               PRISON HEADQUARTERS, POOJAPURA,
               THIRUVANANTHAPURAM - 695012

      3        THE JAIL SUPERINTENDENT
               CENTRAL PRISON, KANNUR - 670 004

      4        THE JAIL SUPERINTENDENT
               CENTRAL PRISON, VIYYUR, THRISSUR - 680 010


OTHER PRESENT:

               PP T.R.RENJITH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).NO.25084 OF 2020
                                        2




                                  JUDGMENT

Dated this the 22nd day of January 2021

The prayer in this Writ Petition is for

grant of parole to the petitioner's son, who

is undergoing life imprisonment at the

Central Prison, Kannur, pursuant to his

conviction in S.C.No.281/2010 of the

Additional Sessions Court (Fast Track-1),

Thiruvananthapuram.

2. The main ground on which parole is

sought is that the Hon'ble Supreme Court had

in Suo Moto Writ Petition No.1/2020, issued

guidelines regarding grant of parole to

prisoners, following which the Government of

Kerala had released larger number of

prisoners. It is the contention of the

petitioner that her son is entitled for

similar treatment. But that ground does not W.P(C).NO.25084 OF 2020

subsist now, since the High Power Committee

appointed by the Government of Kerala in

terms of the directions issued by the

Supreme Court had decided that all persons

granted parole in view of the pandemic

situation should report back. Further, the

Writ Petitions challenging the Government

Orders by which prisoners on parole were

directed to report back were dismissed by

this Court.

3. The learned Counsel for the

petitioner submits that even otherwise, the

petitioner's son is entitled for parole.

The entitlement of prisoners for

parole/leave is a matter for the authorities

under the Kerala Prisons and Correctional

Services (Management) Act and Rules to

consider and take a decision. Such

consideration shall be effected and decisions

taken in the case of petitioner's son also, W.P(C).NO.25084 OF 2020

provided, an appropriate request in that

regard is pending.

The Writ Petition is disposed off

accordingly.

Sd/-

V.G.ARUN JUDGE NB W.P(C).NO.25084 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE REQUEST LETTER PREFERRED BY THE PETITIONER, TO THE 2ND RESPONDENT DATED 1/05/2020

EXHIBIT P2 THE TRUE COPY OF THE REQUEST LETTER PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 3/09/2020