Jameela vs The Secretary
2021 Latest Caselaw 13935 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE ASHOK MENON
   TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                     WP(C) NO. 11496 OF 2021
PETITIONER/S:

            JAMEELA
            AGED 50 YEARS
            W/O. ABDUL RAZAAK, VANCHIPRAYIL (H), KALIKAVU,
            NILAMBUR, MALAPPURAM 676 525

            BY ADV P.MOHAMED SABAH



RESPONDENT/S:

    1       THE SECRETARY,
            HOME DEPARTMENT, STATE OF KERALA, SECRETARIAT,
            THIRUVANANTHAPURAM 695 001

    2       DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
            SERVICES,
            PRISONS HEADQUARTERS, POOJAPPURA,
            THIRUVANANTHAPURAM 695 012

    3       THE SUPERINTENDENT
            HIGH SECURITY PRISON, VIYYUR, THRISSUR 680 010


OTHER PRESENT:

            SRI.M.R DHANIL -PP


     THIS    WRIT   PETITION     (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   06.07.2021,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 11496/2021

                                     2




                            ASHOK MENON, J.
                 ------------------------------------
                        WP(C) No.11496 of 2021
                 -------------------------------------
                    Dated this the 6th day of July, 2021



                              JUDGMENT

The petitioner is the mother of the convict named Rasik VA,

who is undergoing imprisonment for having been punished to

undergo rigorous imprisonment for ten years and to pay a fine of

Rs.1,00,000/- for offences punishable under Section 21(c) and

29(1) of the NDPS Act in SC No.46/2015 on the files of the Special

Court (Narcotic Cases), Vadakara. The petitioner states that her son

has already undergone imprisonment for five years and that he may

be released on parole for a short while. It is also stated that all the

other co-accused have already been released on parole, and

therefore, he too may be given the benefit. She filed Ext.P1 before

the Director General of Prisons, Poojappura without any result.

Therefore, it is submitted that her petition may be favourably WPC 11496/2021

viewed and considered.

2. The learned Prosecutor, under instructions, submits that

the petitioner has not approached the Government and it is not the

DGP (R2), who is to take a decision regarding the release of the

petitioner's son on parole.

Under the circumstances, the writ petition is disposed of with

a direction to the petitioner to file a representation before the

Government represented by the first respondent and on such

application being received, the same shall be expeditiously

disposed of by the Government.

Sd/-

ASHOK MENON JUDGE jg WPC 11496/2021

APPENDIX OF WP(C) 11496/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE APPLICATION DATED 24-

06-2020 PREFERRED BY THE PETITIONER

Exhibit P2 TRUE COPY OF THE JUDGEMENT DATED 21-10-

2020 IN W.P(C) NO. 13112/2020

Exhibit P3 TRUE COPY OF THE LETTER BEARING NO. WP2-

15013/2020/PRHQ DATED 09-07-2020 ISSUED BY THE RESPONDENT NO. 2 TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER DATED 05.05.2021 AND BEARING NO.G.O.

(RT)NO.1311/2021/HOME