Kerala High Court
Yousuf Haji vs State Of Kerala on 28 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.1959 OF 2021(T)
PETITIONER/S:
YOUSUF HAJI
AGED 64 YEARS
S/O. KUNHALAN KUTTY HAJI, PALLIPPURAM HOUSE,
KUTTIPPURAM, KOTTAKKAL.
BY ADVS.
SRI.R.ANIL
SRI.R.ANIL
SRI.M.SUNILKUMAR
SRI.SUJESH MENON V.B.
SHRI.THOMAS ABRAHAM
SHRI.MAHESH BHANU S.
SMT.S.LAKSHMI SANKAR
SHRI.RESSIL LONAN
SRI.T.ANIL KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REP. BY THE HOME SECRETARY TO THE GOVT. OF
KERALA, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, 695 001.
2 THE HOME SECRETARY TO GOVERNMENT OF KERALA,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, 695 001.
3 DIRECTOR GENERAL,
PRINSONS AND CORRECTIONAL SERVICES, PRINSONS
HEADQUARTERS, POOJAPPURA, THIRUVANANTHAPURAM,
PIN-695 012.
4 THE HIGH POWER COMMITTEE,
REPRESENTED BY HOME SECRETARY TO THE GOVT. OF
KERALA, HOME DEPARTMENT SECRETARIAT,
W.P.(C)No. 1959 of 2021
2
THIRUVANANTHAPURAM, 695 001.
5 SUPERINTENDENT,
CENTRAL PRISON, KANNUR, KANNUR DISTRICT, PN-670
004
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.01.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No. 1959 of 2021
3
JUDGMENT
Dated this the 28th day of January, 2021
Petitioner is undergoing imprisonment at the
Central Prison, Kannur pursuant to his conviction
in S.C.No.435 of 2000 of the Additional Sessions
Court, Manjeri. The petitioner was released on
parole on 15.03.2020. In the wake of Covid-19
pandemic and its spread within prisons, the period
of parole of persons above 65 years was extended
from time to time. The Government had issued
orders granting and extending parole/interim bail
to prisoners, in compliance of the directions of
the Honourable Supreme Court in suo motu Writ
Petition No.1 of 2020. By G.O.(Rt) No.2552/2020
dated 01.11.2020, the petitioner and similarly
situated prisoners aged above 65 years were
required to report back within one month from the
respective due date. At that point of time, some
W.P.(C)No. 1959 of 2021
of the prisoners on parole filed W.P.(C) No.23595
of 2020 challenging the Government Order. The
challenge was mainly on the ground that G.O.(Rt)
No.2552/2020 dated 01.11.2020 was issued without
consulting the High Powered Committee constituted
in terms of the directives of the Honourable
Supreme Court in Suo Motu Writ Petition No.1 of
2020. By Exhibit P3 judgment, this Court dismissed
the writ petition and connected matters in the
light of the decision of the High Powered
Committee that all prisoners granted
parole/interim bail should return to jail
forthwith.
2. Thereafter, the Government issued G.O(Rt)
No.3004/2020/Home dated 28.12.2020 specifying the
schedule for re-entry of the prisoners. The
petitioner being aged above 65, belongs to the
third group specified in the order and should have
reported back to prison within three days of
W.P.(C)No. 1959 of 2021
15.01.2021.
3. In the writ petition, it is submitted that
the petitioner is diagnosed with Coronary Artery
Disease, Diabetes Mellites and Diabetic Kidney
Disease. Exts.P1, P2 and P3 are produced to show
that, even while undergoing sentence, the
petitioner had to be hospitalised on many
occasions. It is submitted that, while on parole,
the petitioner had to be admitted in ICU from
13.01.2021 to 17.01.2021. Exts.P4 and P5 are
produced in support of the said submission.
According to the petitioner, he has been advised
to avoid mental stress and depression, to be on
healthy diet and to exercise regularly so as to
stabilise his physical condition. Therefore,
compelling the petitioner to return to prison
immediately would pose serious threat to his life.
Pointing out these aspects and seeking extension
of the parole period, petitioner has filed Ext.P7
W.P.(C)No. 1959 of 2021
representation before the High Powered Committee.
The prayer in this writ petition is for a
direction to the High Powered Committee to take a
decision on Ext.P7 and to direct respondents 1 to
3 to extend the petitioner's parole period till
such decision.
4. The prayer being to direct the High
Powered Committee to take a decision on Ext.P7
representation, it would be apposite to have a
look at the directions of the Honourable Supreme
Court in Suo Motu writ petition No.1 of 2020. The
relevant portion of the direction is extracted
hereunder:
"We direct that each State/Union Territory
shall constitute a High Powered Committee
comprising of (1) Chairman of the State
Legal Services Committee, (ii) the Principal
Secretary (Home/Prison) by whatever
designation is known as, (ii) Director
General of Prison(s), to determine which
class of prisoners can be released on parole
or on interim bail for such period as may be
thought appropriate. For instance, the
State/Union Territory could consider the
release of prisoners who have been convicted
W.P.(C)No. 1959 of 2021
or are undertrial for offences for which
prescribed punishment is up to 7 years or
less, with or without fine and the prisoner
has been convicted for a lesser number of
years than the maximum. It is made clear
that we leave it open for the High Powered
Committee to determine the category of
prisoners who should be released as
aforesaid, depending upon the nature of
offence, the number of years to which he or
she has been sentenced or the severity of
the offence with which he/she is charged
with and is facing trial or any other
relevant factor, which the Committee may
consider appropriate."
5. It is therefore evident that the role of
the High Powered Committee is 'to determine the
class of prisoners' to be released on parole or on
interim bail and the period for which such
parole/interim bail can be granted. The High
Powered Committee is also given the liberty to
'determine the category of prisoners' who should
be released as aforesaid, depending upon the
nature of offence, the number of years to which
he/she has been sentenced or the severity of the
offence with which he/she charged with and is
W.P.(C)No. 1959 of 2021
facing trial or any other relevant factor. Being
so, the High Powered Committee cannot be compelled
to consider the individual representations of
prisoners on parole. Moreover, parole granted to
the petitioner and similarly situated prisoners is
a concession 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. After dismissal of W.P(C).No.23595 of 2020
and connected cases, in the light of the decision
of the High Powered Committee that all prisoners
on parole/interim bail should report back
immediately, the Government issued G.O(Rt)
No.3004/2020/Home dated 28.12.2020 specifying the
schedule for re-entry of the prisoners on
parole/interim bail. The petitioner having not
challenged the Government order, should have re-
entered the prison within three days of
W.P.(C)No. 1959 of 2021
15.01.2021. As far as the contention based on
medical grounds is concerned, Chapter XLII of the
Kerala Prisons & Correctional Services
(Management) Act and Rules contain provisions for
treatment and hospitalisation of prisoners and
the request, if any, made by the petitioner can be
considered in accordance with those provisions.
can be considered in accordance with those
provisions.
For the reasons aforementioned, the writ
petition is dismissed.
Sd/-
V.G.ARUN
JUDGE
Scl/28.01.2021
W.P.(C)No. 1959 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE OUTPATIENT CARD
ISSUED FROM MEDICAL COLLEGE HOSPITAL,
CALICUT DATED 13.12.2017
EXHIBIT P2 THE TRUE COPY OF THE OUTPATIENT CARD
ISSUED FROM MEDICAL COLLEGE HOSPITAL,
CALICUT DATED 15.1.2018.
EXHIBIT P3 THE TRUE COPY OF THE OUTPATIENT CARD
ISSUED FROM MEDICAL COLLEGE HOSPITAL,
CALICUT DATED 20.08.2018.
EXHIBIT P4 THE TRUE COPY OF THE MEDICAL
CERTIFICATE ISSUED FROM ALMANS
HOSPITAL, KOTTAKKAL DATED 13.1.2021.
EXHIBIT P5 THE TRUE COPY OF THE DISCHARGE SUMMARY
ISSUED FROM ALMANS HOSPITAL, KOTTAKKAL
DATED 17.1.2021.
EXHIBIT P6 THE TRUE COPY OF THE ORDER OF THE
HON'BLE HIGH COURT IN CRL.M.A. NO. 1 OF
2021 IN CRL. APPEAL NO. 107 OF 2018
DATED 15.1.2021.
EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION TO
THE 4TH RESPONDENT DATED 20.01.2021.
EXHIBIT P8 THE TRUE COPY OF THE COVERING LETTER TO
THE SECOND RESPONDENT.
EXHIBIT P8 A THE TRUE COPY OF THE POSTAL RECEIPT
DATED 20.01.2021.
