Sharika vs State Of Kerala
2023 Latest Caselaw 11193 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                     WP(CRL.) NO. 1033 OF 2023
PETITIONER:
           SHARIKA
           AGED 30 YEARS
           W/O. SAFVAN, POOKATIL HOUSE, PONMUNDAM P.O., TIRUR,
           MALAPPURAM DISTRICT, PIN - 676106

          BY ADVS.
          P.MOHAMED SABAH
          LIBIN STANLEY
          SAIPOOJA
          SADIK ISMAYIL
          R.GAYATHRI
          M.MAHIN HAMZA
          ALWIN JOSEPH


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HOME
           DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
           695001
    2     DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES
          PRISONS HEADQUARTERS, POOJAPPURA, THIRUVANANTHAPURAM,,
          PIN - 695012
    3     THE SUPERINTENDENT
          HIGH SECURITY PRISON, VIYYUR, THRISSUR DISTRICT,, PIN -
          680010
    4     NATIONAL INVESTIGATION AGENCY
          REPRESENTED BY ADDITIONAL SUPERINTENDENT OF POLICE,
          KOCHI, ERNAKULAM, PIN - 682020
          BY ADVS.
          ADVOCATE GENERAL OFFICE KERALA
          DIRECTOR GENERAL OF PROSECUTION(AG-10)
          P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR()


OTHER PRESENT:
           SRI HRITHWIK, PP


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl.) NO.1033 OF 2023
                                   2

                   P.V.KUNHIKRISHNAN
              ---------------------
                  W.P.(Crl).No.1033 of 2023
           ---------------------------
            Dated this the 27th day of October, 2023

                             JUDGMENT

This writ petition (criminal) is filed with the following

prayers:-

"i. Pass a Writ of Mandamus or any other appropriate Writ directing the respondent Nos. 1 to 3 to grant statutory remission of two days in each month from December, 2019, from the tenure of conviction of Safvan in connection with S.C. No.1/2017/NIA on the file of the Honourable Special Court for NIA Cases, Ernakulam;

ii. Pass such other Order as this Honourable Court deems fit in the facts and circumstances of the case." (SIC)

2. The main prayer in this writ petition is to issue an

appropriate direction to the respondents to grant statutory

remission of two days in each month from December, 2019

from the tenure of conviction of Safvan in connection with

S.C.No.1/2017/NIA of the Special Court for NIA Cases,

Ernakulam.

2. Heard the learned counsel for the petitioner and

the learned Public Prosecutor. I also heard the learned

DSGI.

W.P.(Crl.) NO.1033 OF 2023

3. The counsel for the petitioner submitted that, a

perusal of Exts.P2 and P3 would show that the convict is

entitled ordinary remission. The counsel submitted that, in

the light of the same, the petitioner's husband is entitled

ordinary remission of sentence. If that is the case, I think

this writ petition (criminal) can be disposed of allowing the

petitioner or her husband to file a fresh petition before the

competent authority among respondent Nos.2 and 3 and if

such a petition is received, the competent authority among

respondent Nos.2 and 3 will consider the same, in the light

of the dictum laid down by this Court in Exts.P2 and P3.

Therefore, this writ petition (criminal) is disposed of

with the following directions:-

1) The petitioner or the petitioner's husband is free to file a petition for remission before the competent authority among respondent Nos.2 and 3 within three weeks from the date of receipt of a certified copy of this judgment.

2) Once such a petition is received, the competent authority among respondent Nos.2 and 3 will consider the same and pass appropriate orders in it, in the light of the dictum laid down by this Court in Exts.P2 and W.P.(Crl.) NO.1033 OF 2023

P3.

3) The above order shall be passed, as expeditiously as possible, at any rate, within three weeks from the date of receipt of the petition.

4) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the competent authority for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

bng W.P.(Crl.) NO.1033 OF 2023

APPENDIX OF WP(CRL.) 1033/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 25.11.2019 IN S.C. NO.1/2017/NIA ON THE FILE OF HONOURABLE SPECIAL COURT FOR NIA CASES, ERNAKULAM

Exhibit P2 TRUE COPY OF THE ORDER DATED 22.05.2018 IN W.P. (C) NO. 15354/2018 PASSED BY THIS HONOURABLE COURT

Exhibit P3 TRUE COPY OF THE ORDER DATED 04.08.2023 IN W.P. (CRL) NO. 1049/2022 PASSED BY THIS HONOURABLE COURT