Loucy Babu vs Principal Secretary To Governor
2023 Latest Caselaw 9963 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                  WP(CRL.) NO. 801 OF 2023


PETITIONER:

         LOUCY BABU
         AGED 68 YEARS
         SHIJU BHAVAN, PATHIRICKAL HOUSE, PATHANAPURAM,
         KOLLAM, KERALA, PIN - 689695
         BY ADVS.
         P.K.VARGHESE
         JERRY MATHEW
         REGHU SREEDHARAN


RESPONDENTS:

    1    PRINCIPAL SECRETARY TO GOVERNOR
         KERALA RAJ BHAVAN, KERALA GOVERNOR'S CAMP-P.O.,
         THIRUVANANTHAPURAM, KERALA, INDIA, PIN - 695099
    2    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
         PIN - 695001
    3    DIRECTOR GENERAL OF PRISONS AND
         CORRECTIONAL SERVICES
         PRISONS HEADQUARTERS,POOJAPPURA,
         THIRUVANANTHAPURAM, KERALA, INDIA, PIN - 695012
    4    THE DEPUTY INSPECTOR GENERAL OF PRISONS
         (NORTH ZONE) PUTHIYARA, KOZHIKODE,
         KERALA, PIN - 673004
    5    THE SUPERINTENDENT
 WP(CRL.) NO.801 OF 2023


                            2




           WOMEN'S PRISON AND CORRECTIONAL HOME,
           KANNUR, PIN - 670004

PRESENT:

           SRI. HRITWICK C.S,   PP



      THIS WRIT PETITION (CRIMINAL) HAVING COME UP
FOR ADMISSION ON 18.09.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO.801 OF 2023


                                 3




            P.V.KUNHIKRISHNAN, J.
            --------------------------------
           WP(Crl.) No. 801 of 2023
     ----------------------------------------------
 Dated this the 18th day of September, 2023


                          JUDGMENT

The above Writ Petition (Crl.) is filed with the

following prayers.

" i. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the Respondents to consider and dispose the Exhibit P2 application, in a time frame in accordance with law;

ii. To grant any such other and further relief as this Hon'ble Court may deem fit in the facts and circumstances of the case, so as to meet the ends of justice." SIC

2. When this Writ Petition (Crl.) came up for

consideration on 24.08.2023, this Court passed the

following order;

"Petitioner has approached this Court seeking a WP(CRL.) NO.801 OF 2023

direction for disposal of Ext.P2 application in a time-bound manner. Petitioner's daughter, Sherin Karanavar is convict No.FC7/2019 at the Women's Prison and Correctional Home, Kannur. She was convicted for life imprisonment in S.C.No.130/2010 on the files of the Additional Sessions Court (Fast Track), Mavelikkara. She has sought for premature release from prison.

2. Since this Court had dealt with another writ petition filed by the very same petitioner seeking extension of emergency parole already granted, it was felt that the convict was misusing the provisions of leave both ordinary and emergency leave. Therefore, the learned Government Pleader was directed to get instructions regarding the details of leave availed by petitioner's daughter.

3. The instructions obtained by the learned Government Pleader reveals a shocking and startling state of affairs.

4. The Government Pleader has today informed that petitioner has, till date, availed a total of 1094 days of leave, including 555 days of ordinary leave, 106 days of emergency leave, 418 days of Covid-19 special leave, and 15 days of leave as directed by this Court. WP(CRL.) NO.801 OF 2023

5. Ordinary leave is granted to prisoners' of good behavior and good conduct as per Section 78 of the Kerala Prisons and Correctional Servies Management Act, 2010 r/w Rule 397 of the Kerala Prisons and Correctional Services Management Rules 2014.

6. When several prisoners are approaching this Court alleging refusal of grant of leave for one reason or the other, petitioner's daughter has been granted leave repeatedly. Even more startling is the fact that the petitioner had been subjected to disciplinary proceedings five times and had been imposed with punishments. Ignoring all these, she has been given the benefit of ordinary leave and emergency leave by the Prison authorities.

7. Certainly, this calls for some answer from the officials concerned. Therefore, there will be a direction to the 3rd respondent and 5th respondent to file affidavits separately, referring to the reasons for the grant of ordinary leave and emergency leave to the petitioner's daughter Sherin Karanavar repeatedly."

3. Today, when the matter came up for WP(CRL.) NO.801 OF 2023

consideration the learned counsel for the petitioner

submitted that the petitioner want to withdraw this

case. After going through the order dated

24.08.2023, it seems, there is some irregularity from

the part of the jail authorities in granting ordinary

leave and emergency leave. Therefore, I am of the

considered opinion that the 3rd respondent will

conduct an enquiry in this matter and take

appropriate steps, in accordance to law, to see that

there is no illegalities, while considering applications

for leave by convicts in future.

With the above observation, this Writ Petition

(Crl.) is dismissed as withdrawn.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(CRL.) NO.801 OF 2023

APPENDIX OF WP(CRL.) 801/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SURRENDER CERTIFICATE DATED 02.08.2023 NUMBERED AS WO-285/2023/WPK-83 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 A TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE HONOURABLE GOVERNOR OF KERALA DATED 28.03.2022 EXHIBIT P3 A TRUE COPY OF THE POSTAL RECEIPT DATED 07.04.2022 EXHIBIT P4 A TRUE COPY OF THE PROOF OF DELIVERY

RESPONDENTS EXHIBITS :NIL

//TRUE COPY//

PA TO JUDGE