Kerala High Court
Safeena M vs State Of Kerala on 20 June, 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 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(CRL.) NO. 347 OF 2024
PETITIONER:
SAFEENA M
AGED 44 YEARS
W/O MANSOOR,
THAIKAVIL HOUSE ,
MADANVILA,
PERUMATHURA P.O
THIRUVANATHAPURAM DISTRICT,
PIN - 695303
BY ADVS.
SUBASH CHANDRAN
AHALYA PRAKASH K.V.
KAVITHA K.T.
ACHSAH ELIZABETH RAJU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED THROUGH CHIEF SECRETARY.
HOME DEPARTMENT GROUND FLOOR,
MAIN BLOCK.
SECRETARIAT.
THIRUVANATHAPURAM DISTRICT,
KERALA, PIN - 695001
2 DIRECTOR GENERAL OF PRISONS AND CORRECTION SERVICES
PRISONS HEADQUARTERS
POOJAPPURA,
THIRUVANATHAPURAM,
KERALA, PIN - 695012
3 THE STANDING ADVISORY BOARD (PRISON)
REPRESENTED BY CHAIRMAN
THE INSPECTOR GENERAL OF PRISONS,
PRISONS HEAD QUARTERS,
THIRUVANATHAPURAM,
KERALA, PIN - 695012
4 SUPERINTENDENT
OPEN PRISON AND CORRECTIONAL HOME,
NETTUKALTHERI,
KOTTOOR P.O.,
THIRUVANATHAPURAM,
KERALA, PIN - 695574
WP(CRL.) NO. 347 OF 2024
2
OTHER PRESENT:
ASHI M.C (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(CRL.) NO. 347 OF 2024
3
BECHU KURIAN THOMAS, J
..........................................................
W.P.(Crl) No. 347 of 2024
..........................................................
Dated this the 20th day of June, 2024
JUDGMENT
Petitioner is the wife of convict No.3300 of Open Prison
and Correctional Home, Nettukaltheri. Her husband,
Sri.Mansoor has been undergoing rigorous imprisonment for
life for the offence under Section 302 of the Indian Penal
Code, 1860, in S.C.No. 105/1997 of the Sessions Court,
Thiruvananthpauram.
2. Petitioner contends that her husband has already
undergone 14 years and 4 months as on September 2023 but
the application for a recommendation of remission was
rejected by the Competent Authority as evident from serial
No.9 in Ext.P4. Thereafter, petitioner filed a fresh application
on 01-02-2024 as Ext.P5 before the prison authorities which
is pending.
3. Having regard to the submissions made by the
learned counsel for the petitioner as well as the learned
WP(CRL.) NO. 347 OF 2024
Public Prosecutor, I am of the view that this writ petition can
be disposed of with a direction.
4. Accordingly, there will be a direction to the 1st
respondent to place Ext.P5 application submitted by the
petitioner before the Competent Advisory Board for the
purposes of processing his application. There will be a
further direction to the said Competent Authority to consider
the aforesaid application in accordance with law and pass
appropriate orders without undue delay.
The writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
WP(CRL.) NO. 347 OF 2024
APPENDIX OF WP(CRL.) 347/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE JUDGMENT
RENDERED BY THE ADDITIONAL DISTRICT
& SESSIONS JUDGE FASTRACK COURT -
I ,THIRUVANTHAPURAM IN SC NO:
105/1997 DATED 19/4/2008
Exhibit P2 THE TRUE COPY OF THE SURRENDER
CERTIFICATE ISSUED FROM THE OFFICE
OF THE 4TH RESPONDENT DATED
23/09/2023
Exhibit P3 THE RTI REPLY NO
-OP3(1)-2034/2023/OPN
Exhibit P4 THE RTI REPLY NO
-OP3(1)-2035/2023/OPN
Exhibit P5 THE TRUE COPY OF THE APPLICATION
SENT TO THE RESPONDENTS HEREIN DATED
1/2/2024
