Kerala High Court
Balaji .M vs State Of Kerala on 13 January, 2021
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA,
1942
WP(C).No.585 OF 2021(W)
PETITIONER/S:
BALAJI .M
AGED 55 YEARS
S/O.RAMAN NAIR, MULLATHU PALISSERY HOUSE,
KORATTIKKARA P.O., KADAVALLOR VAZHI,
KUNDAMKULAM, THRISSUR DISTRICT (CONVICT
NO.C/337/17, CENTRAL PRISON, KANNUR).
BY ADVS.
SRI.AJEESH K.SASI
SRI.VIPIN NARAYAN
SMT.POOJA PANKAJ
SRUTHY N. BHAT
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF HOME,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
001.
2 DIRECTOR GENERAL,
PRISONS AND CORRECTIONAL SERVICES, PRISONS
HEADQUARTERS, KERALA, POOJAPPURA,
THIRUVANANTHAPURAM-695 012.
3 SUPERINTENDENT,
CENTRAL PRISON, KANNUR, KANNUR-670 001.
R1-3 BY SRI.SUMAN CHAKRAVARTHY, SENIOR
GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.01.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P. (C) No. 585 of 2021
-2-
JUDGMENT
Dated this the 13th day of January, 2021 Petitioner is undergoing imprisonment at the Central Prison, Kannur. He was granted parole as per Ext.P1 order issued in terms of the directions of the Honourable Supreme Court in suo motu Writ Petition No.1 of 2020. The period of parole was subsequently extended for various spells. By G.O.(Rt) No.2170/2020 dated 01.10.2020, all the prisoners granted parole as per Ext.P1 were directed to report back in three different batches. Thereupon, certain prisoners on parole filed writ petitions challenging the Government Order, mainly on the ground that the order, issued without the recommendation or concurrence of the High Powered Committee constituted in terms of the directions in Suo W.P. (C) No. 585 of 2021 -3- Motu Writ Petition No.1 of 2020 (in re:Contagion of Covid 19 Virus in Prisons) and hence, in violation of the directives of the Apex Court. By Ext.P2 judgment, this Court dismissed the writ petitions in the light of the decision of the High Powered Committee. While dismissing the writ petitions, it was observed that it is for the Government and the prison authorities to work out the modalities for re-entry of the writ petitioners and other prisoners. It was also observed that in cases where medical or other reasons have been cited as a ground for extending the period of parole/leave, the petitioners can make their submissions before the appropriate authority under the Kerala Prisons and Correctional Services (Management) Act and the Rules (the Act and Rules' for short). Thereafter, the Government issued Ext.P3 order specifying a W.P. (C) No. 585 of 2021 -4- schedule for re-entry of the prisoners.
3. Sri.P.Vijayabhanu, learned Senior Counsel appearing for the petitioner submitted that in spite of the petitioner having submitted representations before the authorities, citing health reasons, he is being compelled to report back without considering these representations. It is pointed out that the petitioner had tested positive for coronavirus on 12.12.2020 and though he tested negative later, he is still suffering from post covid syndromes like breathlessness, joint pains, chest pain and sleep issues. It is submitted that the compulsion to re-enter jail at this point of time would have an adverse impact on the petitioner's health condition.
4. Sri.Summan Chakravarthy, learned Senior Public Prosecutor submitted that the petitioner's representation was considered and rejected on W.P. (C) No. 585 of 2021 -5- 11.01.2021. It is contended that the Government having acted in terms of the directions in Ext.P2 judgment while issuing Ext.P3 order, further interference at the instance of individual prisoners is not warranted. It is pointed out that Chapter 42 of the Act and Rules contain provisions for treatment and hospitalisation of prisoners and that the request of the petitioner was considered in accordance with those provisions.
6. I find substantial force in the contention of the Senior Public Prosecutor that, Ext.P3 having been issued in terms of the directions in Ext.P2 judgment, further interference at the instance of individual prisoners is unwarranted. As rightly contended, parole/leave granted to the petitioner and other similarly situated prisoners is a concession W.P. (C) No. 585 of 2021 -6- extended by the Government in accordance with the directions issued by the Honourable Supreme Court with the objective of minimising the spread of Covid-19 pandemic within jails. The Apex Court had authorised the High Powered Committee to take a decision regarding grant of leave/parole and its time limit and the Committee unanimously resolved that the prisoners on parole/leave should report back immediately. Accordingly, Ext.P2 judgment was rendered, leaving it to the Government to work out the modalities for re- entry of the prisoners and the Government has issued Ext.P3 order. As pointed out by the learned Public Prosecutor, it is for the prison authorities to consider individual representations based on medical and other , in accordance with the provisions of the Act and Rules.
W.P. (C) No. 585 of 2021-7-
7. The learned Senior Counsel submitted that the time limit fixed in Ext.P3, for the petitioner for report back, is already over and that the time may be extended till 18.01.2021 to re-enter the prison. Taking into account Ext.P5 medical certificate, which shows that the petitioner was suffering from post Covid issues, he can be granted time till 18.01.2021.
The writ petition is hence disposed of, extending the time limit, for the petitioner to report back at the Central Prison, Kannur till 18.01.2021.
sd/-
V.G.ARUN JUDGE Scl/13.01.2021 W.P. (C) No. 585 of 2021 -8- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GO(RT) NO.970/2020 HOME DATED 25.03.2020 ISSUED BY ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 22.12.2020 INB WPC NO.23595 OF 2020 AND CONNECTED CASES.
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 28.12.2020 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL OFFICER IN CHARGE AT PRIMARY HEALTH CENTRE PERUMPILAVU CERTIFYING THAT THE PETITIONER TESTED COVID-19 POSITIVE ON 12.12.2020.
EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE DATED 26.12.2020 ISSUED BY DOCTOR TAJ PAUL PANAKKAL CIVIL SURGEON, SUPERINTENDENT TALUK HEAD QUARTERS HOSPITAL, OTTAPALAM., EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P6 A A TRUE COPY OF THE COURIER RECEIPT DATED 31.12.2020 EVIDENCING THE REPRESENTATION SENT TO THE 1ST RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION MADE W.P. (C) No. 585 of 2021 -9- BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 31.12.2020.
EXHIBIT P7 A A TRUE COPY OF THE COURIER RECEIPT DATED 31.12.2020 EVIDENCING THE REPRESENTATION SENT TO THE 2ND RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 31.12.2020.
EXHIBIT P8 A A TRUE COPY OF THE COURIER RECEIPT DATED 31.12.2020 EVIDENCING THE REPRESENTATION SENT TO THE 3RD RESPONDENT.