Kerala High Court
Amal Nisham vs State Of Kerala on 15 January, 2019
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940
WP(C).No. 707 of 2019
PETITIONER:
AMAL NISHAM,
AGED 38 YEARS, W/O MUHAMMED NISHAM,
ADAKKAPARAMBIL HOUSE,
FLAT NO.1073, TOPAS,
SHOBA CITY, THRISSUR-680553.
BY ADV. SRI.THOMAS J.ANAKKALLUNKAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE SUPERINTENDENT,
CENTRAL PRISON, THIRUVANANTHAPURAM-695001.
SENIOR PUBLIC PROSECUTOR SRI SUMAN CHAKRAVARTHY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 707 of 2019 2
JUDGMENT
Petitioner's husband is undergoing imprisonment for life in Central Prison, Thiruvananthapuram since he has been convicted of the offence of murder. He has applied for ordinary parole. The application is still pending. It is alleged in this writ petition that the mother of the convict is a heart patient and is in a critical condition and he may be granted parole for one week.
2. Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.
3. The application is opposed by the learned Senior Public Prosecutor. It is submitted that the petition filed under Article 226 of the Constitution may not be entertained WP(C).No. 707 of 2019 3 since there is a provision in the Prison Management to file appeal in case the request of the convict for parole is rejected. But it is common knowledge that for disposal of the application it may take some time. So I am inclined to entertain this petition.
4. Learned Senior Public Prosecutor submits that releasing the petitioner even for a few days will have far reaching consequences since he is involved in nine criminal cases. I have perused Exhibit P1 Certificate issued by a Doctor attached to the Department of Cardiology, Government General Hospital, Thiruvananthapuram. It shows that the mother of the convict developed chest pain and breathlessness and she has "a history of triple vessel disease, type 2 diabetes. Pace maker was implanted early". The certificate further says that for management of her critical condition better treatment is necessary. Having regard to these facts I am inclined to allow the convict to spend a few WP(C).No. 707 of 2019 4 hours with his mother for three days subject to certain conditions.
In the result this writ petition is disposed of as follows:-
Husband of the petitioner is allowed to be with his mother from 9.00 AM till 5.00 PM for three days from 21st January, 2019. After bringing him to Ernakulam from the Central Prison he shall be lodged in Sub Jail, Ernakulam. He shall be taken in custody to the apartment bearing number 13F, 13th Floor(Duplex), Skyline Topaz, Kaloor, Kadavanthra Road, Kochi where his mother is supposed to stay. The police personnel accompanying him should ensure that his mother is available in the apartment. He shall not communicate with any one either on phone or otherwise nor shall he contact or communicate with media persons. The police personnel accompanying him shall take him back to the Sub Jail at 5.00 PM on all the three WP(C).No. 707 of 2019 5 days. There after they shall take him back to the Central Prison.
Sd/-
K.ABRAHAM MATHEW JUDGE MC/15.1.19 WP(C).No. 707 of 2019 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY GOVERNMENT GENERAL HOSPITAL, THIRUVANANTHAPURAM DATED 12.12.2018 RESPONDENT'S/S EXHIBITS:
NIL MC (TRUE COPY) PA TO JUDGE