Chandrika Rajan vs State Of Kerala
2023 Latest Caselaw 9976 Ker

Citation : 2023 Latest Caselaw 9976 Ker
Judgement Date : 18 September, 2023

Kerala High Court

Chandrika Rajan vs State Of Kerala on 18 September, 2023

          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. 347 OF 2023
PETITIONERS:

    1    CHANDRIKA RAJAN
         AGED 65 YEARS
         W/O. LATE RAJAN, CHERUTHIL VEEDU,
         KRISHNAPURAM, NARUVAMOODU P.O,
         THIRUVANANTHAPURAM, PIN - 695528
    2    SHEEBA.S
         AGED 45 YEARS
         W/O. SAJU, LAKSHAMVEEDU COLONY, KUZHAKKAD,
         MALAYINKEEZHU P.O, THIRUVANANTHAPURAM,
         PIN - 695571
         BY ADVS.
         K.S.MADHUSOODANAN
         M.M.VINOD KUMAR
         P.K.RAKESH KUMAR
         K.S.MIZVER
         M.J.KIRANKUMAR


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY SECRETARY, HOME DEPARTMENT
         GOVERNMENT OF KERALA, THIRUVANANTHAPURAM,
         PIN - 695001
    2    DIRECTOR GENERAL OF PRISON AND CORRECTIONAL
         SERVICES, HEAD OFFICE, JAIL DEPARTMENT,
         GOVERNMENT OF KERALA, POOJAPPURA,
         THIRUVANANTHAPURAM, PIN - 695012
    3    SUPERINTENDENT
         HIGH SECURITY PRISON, CENTRAL PRISONS &
 WP(CRL.) NO.347 OF 2023


                               2


           CORRECTIONAL HOME, VIYYUR, PIN - 680010

      BY
      SMT. SREEJA V.,     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.347 OF 2023


                                  3


            P.V.KUNHIKRISHNAN, J.
            --------------------------------
           WP(Crl.) No. 347 of 2023
     ----------------------------------------------
 Dated this the 18th day of September, 2023


                           JUDGMENT

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

following prayers.

" i. Call for records connecting Exts. P-1 to P-5 from the respondents concerned; ii. Issue Writ of Mandamus directing the respondents to grant ordinary parole to Saju (C.No.223) of High Security Prison, Central Prison & Correctional Home, Viyyur;

iii. Dispense with filing of the translation of vernacular documents;

iv. Such other reliefs as this Hon'ble Court may deems fit and proper;" SIC

2. The petitioner is aggrieved by the denial of

leave to Saju (convict No.223), undergoing life

imprisonment under the 3rd respondent and that he WP(CRL.) NO.347 OF 2023

had completed 16 years of imprisonment. The

Sessions Court, Thiruvananthapuram, as per

judgment dated 25.04.2009 in Sessions Case

No.999/2006, convicted and sentenced Saju for life

imprisonment under Section 302 of IPC. It is

submitted that on 10.03.2021, the Jail Advisory Board

recommended for ordinary leave to the convict. But,

as per Ext.P1, 1st respondent addressed letter to the

2nd respondent intimating the rejection of

recommendation. By Ext. P2, 1st petitioner sought

information from the SHO, Naruvamoodu Police

Station as to the nature of the Police report. By

Ext.P3 the SHO replied that there is apprehension of

threat to his life. By Ext.P4, 1st petitioner sought

information from the 1st respondent seeking the

reason for rejecting the recommendation of Advisory

Board and the legality for seeking police report, after

recommendation of the Board. Now, as per Ext.P5, WP(CRL.) NO.347 OF 2023

the leave is denied by rejecting the recommendation

of the Jail Advisory Board. Aggrieved by the same,

this Writ Petition (Crl.) is filed.

3. Heard the learned counsel appearing for

the petitioner and the learned Public Prosecutor.

4. Ext.P5 is the order passed by the

Government. It will be better to extract the relevant

portion of the order;

"വിയ്യൂർ ഹൈസെക്യുരിറ്റി പ്രിസണിലെ തടവുകാരനായ സി.നം.223 സാജു എന്ന തടവുകാരന് സാധാരണ അവധി അനുവദിയ്ക്കുന്നത് സംബന്ധിച്ച ജയിൽ ഉപദേശക സമിതിയുടെ ശുപാർശ സർക്കാർ നിരസിച്ചിട്ടുള്ള വിവരം അറിയിയ്ക്കുന്നു."

5. A perusal of the above, I am of the

considered opinion that it is not a speaking order. No

reason is mentioned for rejecting the

recommendation of the Jail Advisory Board.

Therefore, I am of the considered opinion that the 1st WP(CRL.) NO.347 OF 2023

respondent should re-consider the matter

immediately.

Therefore, this Writ Petition (Crl.) is disposed of

with the following directions;

i. Ext. P5 order is set aside.

ii. The 1st respondent is directed to re-

consider the matter, in the light of the

recommendations made by the Jail Advisory

Board, regarding the granting of leave to the

convict Saju (C.No.223), as expeditiously as

possible, at any rate, within a period of one

month from the date of receipt of a copy of this

judgment.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(CRL.) NO.347 OF 2023

APPENDIX OF WP(CRL.) 347/2023 PETITIONER EXHIBITS EXHIBIT P1 PHOTOCOPY OF THE ORDER BEARING NO.

                    B1-     109/2021    /HOME    DATED
                    19-10-2022.
EXHIBIT P2          PHOTOCOPY    OF    THE   APPLICATION

SUBMITTED TO PUBLIC INFORMATION OFFICER OF NARUVAMOODU POLICE STATION DATED 14-02-2023 BY THE 1ST PETITIONER.

EXHIBIT P3 PHOTOCOPY OF THE REPLY OF STATION HOUSE OFFICER OF NARUVAMOODU BEARING NO. 04/RTI/ ISHO NRMD PS / 2023 DATED 08-02-2023.

EXHIBIT P4 PHOTOCOPY OF THE APPLICATION OF THE 1ST PETITIONER UNDER RIGHT TO INFORMATION ACT TO THE PUBLIC INFORMATION OFFICER OF 1ST RESPONDENT, DATED 14-02-2023.

EXHIBIT P5          PHOTOCOPY  OF          THE   LETTER DATED
                    29-10-2022               BEARING      NO.
                    B1/279/2022 /         HOME ISSUED TO 1ST
                    PETITIONER
EXHIBIT P6          PHOTOCOPY OF THE JUDGMENT IN W.P.