Kerala High Court
Sureshan T vs The State Of Kerala on 19 January, 2021
Author: V.G.Arun
Bench: V.G.Arun
W.P(C).1194/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
WP(C).No.1194 OF 2021(Y)
PETITIONER/S:
SURESHAN T.
AGED 67 YEARS
S/O UNNI,THEKKETHODI HOUSE,MARAD BEACH,
KOZHIKODE DISTRICT,ARAKKINAR.P.O, KERALA-673028.
BY ADVS.
SRI.SUVIN.R.MENON
SRI.P.VIJAYA BHANU (SR.)
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT OF KERALA,DEPARTMENT OF HOME,GOVERNMENT
SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 DIRECTOR GENERAL,
PRISONS AND CORRECTIONAL SERVICES,PRISONS
HEADQUARTERS,
KERALA,POOJAPPURA,THIRUVANANTHAPURAM,
PIN-695012.
3 SUPERINTENDENT,
CENTRAL PRISONS,KANNUR,KERALA-670004.
R1, R3 BY SRI.SUMAN CHAKRAVARTHY, SENIOR
GOVT.PLEADER
OTHER PRESENT:
SR.PP.SUMAN CHAKRAVARTHY FOR DGP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).1194/21 2
V.G.ARUN, J.
-----------------------------------------------
W.P(C).No. 1194 of 2021
-----------------------------------------------
Dated this the 19th day of January, 2021
JUDGMENT
The petitioner is undergoing imprisonment at the Central Prison, Kannur pursuant to his conviction in S.C.No.805 of 2003 of the Additional Sessions Court (Marad Cases), Kozhikode. He was granted leave for 60 days as per Exhibit P2 order dated 25.3.2020. The order was issued in purported compliance of the directions of the Honourable Supreme Court in Suo Motu Writ Petition No.1 of 2020. The period of leave was subsequently extended for various spells. By G.O. (Rt)No.2552/2020 dated 01.11.2020, petitioner and similarly situated prisoners aged 65 years and above were required to report back. At that point of time, some of the prisoners on parole filed W.P. (C).No.23595 of 2020 and other writ petitions challenging the Government Order. The challenge was mainly on the ground that G.O. (Rt) No.2552/2020 dated 01.11.2020 was issued without consulting the High Powered Committee constituted in terms of the directives of the Honourable Supreme Court. By Exhibit P3 judgment, this Court dismissed the writ petitions, as the High Powered Committee had decided that all the prisoners should report back. While dismissing the W.P(C).1194/21 3 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. Thereupon, the Government issued Exhibit P6 order specifying the schedule for re-entry of the prisoners. The petitioner being aged above 65, belongs to the third group in Exhibit P6 and as per the schedule, he should have re-entered within three days of 15.01.2021.
2. The instant writ petition is filed stating that, even though the petitioner filed Exhibit P7 representation, requesting for extension of his leave period pointing out his age and ailments, the representation is not being considered. The prayer in the writ petition is to direct respondents 1 to 3 to consider Exhibit P7 and to extend the petitioner's parole till such consideration.
3. Sri.P.Vijayabhanu, learned Senior Counsel appearing for the petitioner contended that Exhibit P6 order is in conflict with the extant guidelines issued by the National Disaster Management Authority, which require persons above 65 years to be confined to their homes. It is contended that Exhibit P6 cannot be implemented till the conflict is resolved and at any rate, a decision ought to be taken on Exhibit P7 representation before compelling the petitioner to re-enter.
4. Countering the contentions, Sri.Suman Chakravarthy, learned Senior Public Prosecutor, submitted that the attempt of the petitioner is to capitalise on a concession granted by the Government. It is W.P(C).1194/21 4 contended that the general guidelines issued by the Disaster Management Authority is not applicable to the prisoners on parole/leave, since they were treated as a separate class by the Honourable Supreme Court while issuing directives to ensure their health and well being. That, the Government having acted in terms of the directions of the Apex Court and that of this Court in Exhibit P3 judgment, further interference at the instance of individual prisoners is not warranted. It is pointed out that Chapter XLII of the Kerala Prisons & Correctional Services (Management) Act and Rules contain provisions for treatment and hospitalisation of prisoners and that the representation of the petitioner can be considered only in accordance with those provisions.
5. According to the learned Senior Counsel, provisions of the Chapter XLII are not applicable, the petitioner being on parole. Moreover, this Court having permitted the prisoners having medical or personal reasons to make their submissions before the appropriate authority, which has been reiterated in Exhibit P6 order, the respondents are bound to consider Exhibit P7 representation.
6. I find substantial force in the contention of the Senior Public Prosecutor that Exhibit P6 having been issued in terms of the direction issued by the this Court, further interference at the instance of individual prisoners is unwarranted. As rightly contended, parole/leave granted to the petitioner and similarly situated prisoners is a W.P(C).1194/21 5 concession extended by the Government in accordance with the directions issued by the Honourable Supreme Court for 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. W.P(C).No.23595 of 2020 and connected cases were dismissed in the light of the decision of the High Powered Committee and the Government was given liberty to work out the modalities for re-entry of the prisoners. Exhibit P6 order has been issued in tune with that direction. As pointed out by the learned Public Prosecutor, as per the provisions of the Act and the Rules, the prison authorities are authorised to consider individual representations based on medical and other reasons.
The writ petition is hence disposed of, directing the petitioner to report back at the Central Prison, Kannur on or before 25.01.2021. In the meanwhile, the appropriate authority under the Act and Rules shall consider Exhibit P7 and take a decision thereon.
Sd/-
V.G.ARUN, JUDGE vgs W.P(C).1194/21 6 APPENDIX OF WP(C) 1194/2021 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 23.03.2020 OF THE HON'BLE SUPREME COURT OF INDIA IN SUO MOTU WRIT PETITION NO.1 OF 2020 EXHIBIT P2 A TRUE COPY OF THE ORDER NO.G.O(RT)NO.970/2020/HOME DATED 25.03.2020 ISSUED BY THE ADDITIONAL CHIEF SECRETARY OF THE GOVERNMENT OF KERALA EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 22.12.2020 IN W.P(C)N0.23595 OF 2020 OF THIS HON'BLE COURT EXHIBIT P4 A TRUE COPY OF THE ORDER NO.40-3/2020-DM-
1(A)DATED 25.11.2020 ISSUED BY THE UNION HOME SECRETARY AND CHAIRMAN OF THE NATIONAL EXECUTIVE COMMITTEE(NEC)OF THE NATIONAL DISASTER MANAGEMENT AUTHORITY EXHIBIT P5 A TRUE COPY OF THE ORDER NO.D.O.NO.40-
3/2020/DM/1(A)DATED 28.12.2020 ISSUED BY
THE HOME SECRETARY OF THE GOVERNMENT OF
INDIA
EXHIBIT P6 A TRUE COPY OF THE ORDER
NO.G.O(RT)NO.3004/2020/HOME DATED
28.12.2020 ISSUED BY THE GOVERNMENT OF
KERALA.
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED
12.01.2021 SEND BY THE PETITIONER TO THE
ADDITIONAL CHIEF SECRETARY (HOME)
REQUESTING TO EXTEND THE PAROLE OF THE
PETITIONER.