Kerala High Court
Shahalath P.K vs State Of Kerala on 4 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(CRL.) NO. 191 OF 2024
PETITIONER :
SHAHALATH P.K
AGED 24 YEARS
, W/O. NOUFAL, PARAKKANDI HOUSE,
PALLIYAMOOLA, ALAVIL P.O,
KANNUR, PIN - 670008
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,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES
PRISON HEAD QUARTERS, POOJAPPURA,
THIRUVANANTHAPURAM, PIN - 695012
3 SUPERINTENDENT
CENTRAL PRISON AND CORRECTIONAL HOME,
VIYYUR, TRISSUR, PIN - 680010
BY SRI.M.C.ASHI, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 191 OF 2024
2
BECHU KURIAN THOMAS, J.
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W.P.(Crl.) No.191 of 2024
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Dated this the 4th day of April, 2024
JUDGMENT
Petitioner's husband (Convict No.154 of 2023) is undergoing life
imprisonment at the Central Prison, Viyyur. He was convicted in
S.C.No.933 of 2016. Petitioner seeks for a direction for the grant of
ordinary leave to her husband.
2. I have heard Sri.Madhusoodanan K.S., the learned counsel for
the petitioner as well as Sri.M.C.Ashi, the learned Public Prosecutor.
3. This Court notices from the information obtained under the Right
to Information Act, 2005 that petitioner's husband has four adverse police
reports against him apart from disciplinary proceedings. However, the
Jail Review Committee constituted as per Section 399 of the Kerala
Prisons and Correctional Services (Management) Rules, 2014 (for short,
'the Rules') has the power to consider applications for grant of ordinary
leave in respect of persons against whom three or more adverse reports
are pending. It is noticed from Ext.P4 RTI Information itself, that the said
Committee considered the case of the petitioner but wrongly forwarded
the application to the Government. As per Rule 397(f) of the Rules, the
first ordinary leave has to be granted by the Director General of Prisons
and the power is not vested with the State Government. Therefore, if at
all any recommendation is made by the Jail Review Committee, the same
WP(CRL.) NO. 191 OF 2024
has to be recommended and forwarded to the Director General of Prisons
and not the State Government.
4. In the case of the petitioner, the Jail Review Committee's
decision is not made available. However, it is said that the application is
forwarded to the State Government. Such a procedure is wrong in law.
5. Therefore, there will be a direction to the Jail Review Committee
to consider the application for the grant of first ordinary leave to the
petitioner, as expeditiously as possible, under the power vested on it as
per Rule 399(2) of the Rules. If the application is recommended by the
Committee, it shall forward the same for consideration to the Director
General pf Prisons, who shall take a decision, as expeditiously as possible,
in a time bound manner as contemplated under Rule 397(f) of the Rules.
The decision, as directed above shall be taken within an outer time period
of three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(CRL.) NO. 191 OF 2024
APPENDIX OF WP(CRL.) 191/2024
PETITIONER'S EXHIBITS :
Exhibit P1 PHOTOCOPY OF THE APPLICATION UNDER RTI
DATED 18-12-2023 GIVEN BY PETITIONER'S
HUSBAND NOUFAL (C154/2023) TO ASSISTANT
COMMISSIONER OF POLICE, KANNUR
Exhibit P2 PHOTOCOPY OF THE REPLY UNDER RTI DATED
27-12-2023 BEARING NO. 1882/CSD/TDR/2023
BY ASSISTANT COMMISSIONER OF POLICE,
KANNUR
Exhibit P3 PHOTOCOPY OF THE APPLICATION UNDER RTI TO
3RD RESPONDENT BY PETITIONER DATED
29-12-2023
Exhibit P4 PHOTOCOPY OF THE REPLY DATED 29-01-2024
BEARING NO. RTI-1275/2023 /CPY
