Kerala High Court
Abdul Javad vs State Of Kerala on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:67662
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(CRL.) NO. 981 OF 2024
CRIME NO.384/2012 OF KAYAMKULAM POLICE STATION, ALAPPUZHA
SC NO.652 OF 2013 OF ADDITIONAL SESSIONS COURT-I,
ALAPPUZHA
PETITIONER:
ABDUL JAVAD
AGED 50 YEARS
S/O. YUSUF KUNJ,
PUNNAKKUZHIYIL, SOUTH KOCHUMURI,
OACHIRA P.O, KOLLAM, PIN - 690526
BY ADVS.
SRUTHY K.K
RAHUL SUNIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR GENERAL OF PRISONS AND -
CORRECTIONAL HOME
PRISON HEADQUARTERS, POOJAPPURA,
THIRUVANANTHAPURAM , PIN - 695012
3 SUPERINTENDENT
CENTRAL PRISON AND CORRECTIONAL HOME,
POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012
BY ADV. C.N.PRABHAKARAN, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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W.P.(Crl.) No.981 of 2024
-:2:-
BECHU KURIAN THOMAS, J.
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W.P.(Crl.) No.981 of 2024
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Dated this the 6th day of September, 2024
JUDGMENT
Petitioner's brother is the convict in S.C.No.652/2013 on the
files of the Additional Sessions Court-I, Alappuzha. He is undergoing
imprisonment in the Central Prison and Correctional Home, Poojappura,
as Convict No.3163. The convict has been sentenced to undergo
imprisonment for life for the offence under Section 376(1) of the Indian
Penal Code, 1860.
2. The convict's aunt (father's sister) died on 28.08.2024. His
application for grant of emergency leave was rejected on 29.08.2024.
The reasons stated for rejection include that the funeral is over and also
that there is nothing to indicate relationship of the deceased with the
convict. Petitioner has approached this Court in this writ petition under
Article 226 of the Constitution of India seeking a direction to grant
emergency leave to his brother, atleast for the religious function in
connection with the death of his aunt to be held on 07.09.2024.
3. The learned Public Prosecutor, upon instructions submitted
that Rule 397(l)(ii) of the Kerala Prisons and Correctional Services
(Management) Rules, 2014 (for short, 'the Rules'), does not enable the
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convict to be released on leave since he has committed an offence of the
rape. It is further submitted that the convict never had any contact with
the deceased, and therefore the claim for leave is only a ruse for
released from prison temporarily.
4. Having considered the submissions made by the respective
counsel, I am of the view that the contention regarding Rule 397(l)(ii) of
the Rules has no basis, as the said Rule applies only to ordinary leave.
Rule 400 of the Rules deal with grant of emergency leave. Death of
paternal sister is mentioned in the Rules a ground for grant of
emergency leave.
5. In the instant case, the convict's request for emergency
leave to attend the funeral of his aunt was refused by Exhibit-P1. In the
ordinary course the leave should have been allowed. Therefore, I am of
the view that considering the peculiar circumstances, the convict must
be granted permission to attend the religious function in connection with
the death of his aunt. However, considering the nature of offences
committed by the convict, I am of the view that an escort parole for the
purpose of attending the function on the said date alone need be
permitted.
6. Accordingly, the third respondent is directed to grant escort
parole to the petitioner's brother - Convict No.3163 to attend the
religious function in connection with the death of his aunt by name
Agathiya Beevi on 07.09.2024. The escort parole shall be granted from
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7.00 am on 07.09.2024 till 05.00 pm on the same date. The learned
Public Prosecutor shall convey the gist of this order to the third
respondent for complaince.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/06.09.24.
2024:KER:67662
APPENDIX OF WP(CRL.) 981/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER REJECTING THE
APPLICATION FOR EMERGENCY PAROLE FILED BY
THE PETITIONER'S BROTHER VIDE ORDER NO.
CP 5/42/3163/2024 DATED 29/08/2024.
Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED FROM
OACHIRA PADINJARE THERUVU MUSLIM JAMA-ATH
COMMITTEE STATING THE DEATH OF AGATHIYA
BEEVI, WHO IS THE PATERNAL AUNT OF THE
PETITIONER AND HIS BROTHER DATED
02/09/2024.
