Kerala High Court
Saru vs State Of Kerala on 2 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 2ND DAY OF JUNE 2021 / 12TH JYAISHTA, 1943
WP(C) NO. 11440 OF 2021
PETITIONER:
SMT.SARU,
AGED 58 YEARS,
W/O.LATE MUHAMMADALI, KUTTIHASANKKANAKATH HOUSE,
KUTTAYI, MANGALAM, MALAPPURAM DISTRICT - 676 562.
BY ADVS.
SRI.ARUN KUMAR P.
SRI.PRAMOD KOCHUTHOMMEN.E.
SRI.AMBIKA RADHAKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
HOME AFFAIRS, MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES
PRISONS HEADQUARTERS, POOJAPURA,
THIRUVANANTHAPURAM - 695012.
3 DEPUTY INSPECTOR GENERAL OF PRISONS,
NORTH ZONE, PUTIHYARA P. O., KOZHIKODE, PIN - 673004.
4 SUPERINTENDENT OF CENTRAL PRISON
CENTRAL PRISON, PALLIKKUNNU, KANNUR - 670004.
BY SRI.N.B. SUNIL NATH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.11440 of 2021
2
JUDGMENT
Dated this the 2nd day of June, 2021
This petition is filed under Article 226 of the Constitution
of India seeking for the following reliefs:
"(i) To issue a writ of mandamus or any other
appropriate writ, direction or order, directing
respondents to release the petitioner's son Shafeek
(Prisoner no. C-48/2021) on interim bail or parole
from the 4th respondent's Prison due to the onset of
2nd wave of COVID 19 pandemic in accordance with
dictum of the Apex Court in Suo moto Writ Petition
1/2020 dated 07-05-2021;
(ii) To pass such other appropriate writ, direction or
order as may be deemed necessary on the facts and
in the circumstances of the case."
2. According to the writ petitioner, her son Mr.Shafeek is
undergoing imprisonment in the 4th respondent prison from
26.01.2021 onwards for default in payment of maintenance dues to
his wife under Section 125 Cr.P.C. Shafeek's prisoner number in
W.P(C).No.11440 of 2021
the 4th respondent prison is C-48/2021. According to the learned
counsel, in view of the second wave of Covid-19 pandemic, the
High Power Committee has recommended for the release of
prisoners who were granted special leave in 2020, especially those
not convicted for anti national activities and drug smuggling, male
prisoners above 60 years and women prisoners above 50 years.
The petitioner's son was in jail only for non payment of arrears of
maintenance and he was not considered for parole. Therefore, a
direction is sought to respondent Nos.1 and 2 to consider the case
of her son. According to the learned counsel, the petitioner being
settled at Malappuram District is unable to travel in the scenario of
imposition of restrictions following start of second wave of Covid-19
Pandemic and to prefer an application physically before the 1 st and
2nd respondents. Therefore, it is canvassed for consideration of an
application preferred online. According to the learned counsel, the
petitioner being lonely and noneelse being there to help her, it is
expedient in the interest of justice to issue necessary directions in
to the respondents that regard.
3. The learned Public Prosecutor has submitted that it is
appropriate for the petitioner to prefer an application before the 2nd
W.P(C).No.11440 of 2021
respondent for the purpose. In the above circumstances, this
Court finds that directions sought for are appropriate to be issued.
In the result, Writ Petition (Civil) stands allowed. Respondents
1 and 2 shall consider application if any preferred by the petitioner
via e-mail within a period of one week from the date on which it is
received and pass appropriate orders therein in accordance with
law.
Sd/-
MARY JOSEPH
JUDGE
NAB
