Kerala High Court
Unknown vs By Adv.Sri.K.S.Madhusoodanan
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 5TH DAY OF APRIL 2018 / 15TH CHAITHRA, 1940
WP(C).No. 5758 of 2018
PETITIONER(S)
YUNOUS ALIYAR
CONVICT NO.2434, CENTRAL PRISON AND CORRECTIONAL HOME,
'VIYYUR, TRISSUR, (S/O ALIYAR, AGED 39 VELLILAVUNGAL
HOUSE, NELLIMATTAMKARA, KUTTAMANGALAM VILLAGE,
KOTHAMANGALAM).
BY ADV.SRI.K.S.MADHUSOODANAN
RESPONDENT(S):
1. STATE OF KERALA
TO BE REP. BY SECRETARY, HOME DEPARTMENT,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM- 695 001.
2. DIRECTOR GNERAL OF PRISON AND CORRECTIONAL SERVICES,
KERALA PRISON AND CORRECTIONAL SERVICES DEPARTMENT,
GOVERNMENT OF KERALA, POOJAPPURA,
THIRUVANANTHAPURAM-695 012.
3. SUPERINTENDENT,
CENTRAL PRISON AND CORRECTIONAL HOME,
VIYYUR ,TRISSUR- 680 010.
R1 TO R3 BY SRI.T.R.RENJITH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-04-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
WP(C).No. 5758 of 2018 (T)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE APPLICATION UNDER RTI DATED
16-11-17.
EXHIBTI P2 PHOTOCOPY OF THE REPLY UNDER RTI DATED 18-12-17
BEARING NO.WP1-24729/2017 FROM THE 2ND
RESPONDENT'S OFFICE.
EXHIBIT P3 PHOTOCOPY OF THE APPLICATION UNDER RTI GIVEN
BY ABDUL RAZIK DATED 20-09-2017.
EXHIBIT P4 PHOTOCOPY OF THE REPLY UNDER RTI DATED 28-10-17
BEARING NO.WP1-20685/2017 FROM THE 2ND
RESPONDENT'S OFFICE.
EXHIBITP5 PHOTOCOPY OF THE APPLICATION UNDER RTI GIVEN
BY FARHAN.
EXHIBIT P6 PHOTOCOPY OF THE REPLY UNDER RTI DATED 20-11-17
BEARING NO.WP1-23547/2017 FROM THE 2ND
RESPONDENT'S OFFICE.
EXHIBIT P7. PHOTOCOPY OF THE REPLY UNDER RTI DATED 21/3/2018
UNDER RTI ACT BEARING NO.4(R) 65/18.
RESPONDENT'S EXHIBITS: NIL
True copy
P.A to Judge
K.ABRAHAM MATHEW, J.
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W.P.(C).No.5758 of 2018
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Dated this the 5th day of April, 2018
ORDER
In S.C.No.1 of 2013 on the file of Special Court for NIA cases, Ernakulam, the petitioner was convicted of the offence under Section 15 of the UAPA Act and some offences under IPC also. He has been sentenced to undergo rigorous imprisonment for a period of 8 years. He has been undergoing the sentence in Central Jail, Thrissur since 21.07.2010. He has not been given remission as provided under Section 72 of the Kerala Prisons and Correctional Services (Management) Act, 2010 and Rules 376 and 384 of the rules framed there under. The prayer is to direct the jail authorities to grant him remission.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. It is an admitted fact that for granting remission for the offences for which the petitioner has been convicted, there is no prohibition in any statute. Naturally, he cannot be denied remission on the ground that he has been convicted of an offence under the UAPA Act.
W.P.(C).5758/18 2
This writ petition is disposed of directing the authorities concerned to consider the question of granting remission to the petitioner within one month from the date of receipt or production of a copy of this judgment, whichever is earlier.
Sd/-
K.ABRAHAM MATHEW, JUDGE.
True copy P.A to Judge DG