Kerala High Court
Muhammed Yousaf @ Sajid vs State Of Kerala on 11 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
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
WP(C).No.460 OF 2021(F)
PETITIONER/S:
MUHAMMED YOUSAF @ SAJID
AGED 57 YEARS
S/O. SAIDALAVI, NANBRATH HOUSE, 34/1988, FLOWER
ENCLAVE, BTS MANGALAM, CROSS ROAD, ELAMAKKARA,
ERNAKULAM 682 026
BY ADVS.
SRI.RENJITH B.MARAR
SMT.LAKSHMI.N.KAIMAL
SHRI.MEERA M.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
KERALA PRISONS AND CORRECTIONAL SERVICES
DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM
695 001
2 DIRECTOR GENERAL OF PRISONS AND
CORRECTIONAL SERVICES PRISONS HEADQUARTERS,
POOJAPPURA, THIRUVANANTHAPURAM 695 012
3 THE SUPERINTENDENT,
CENTRAL PRISON, KANNUR, PIN 670 004
OTHER PRESENT:
SR.PP. SUMAN CHAKRAVARTHY FOR DGP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.01.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.460 of 2021
2
JUDGMENT
Dated this the 11th day of January, 2021 Petitioner is undergoing imprisonment at the Central Prison, Kannur pursuant to his conviction in S.C.No.80 of 2016 by the Sessions Court, Manjeri. The petitioner was granted parole for 60 days 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, the petitioner and similarly situated prisoners was required to report back within three days of 03.11.2020. At that point of time, the petitioner filed W.P.(C) No.26504 of 2020 challenging the Government Order, mainly on the ground that he was suffering from various ailments and re-entry into W.P.(C)No.460 of 2021 3 prison in a cluster would adversely affect his health. By Ext.P5 judgment, this Court dismissed the writ petition and connected matters in the light of the decision of the High Powered Committee constituted in terms of the directions in Suo Motu Writ Petition No.1 of 2020 (in re:Contagion of Covid 19 Virus in Prisons). While dismissing the writ petitions, it was observed that it is for the Government and prison authorities to work out the modalities of re-entry of the 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). W.P.(C)No.460 of 2021 4
2. Thereafter, the Government issued Ext.P7 order specifying a schedule for re-entry of the prisoners. The petitioner is in the second group in the schedule and ought to have re-entered within three days of 07.01.2021.
3. The instant writ petition is filed stating that, though the petitioner has filed Ext.P6 application pointing out his ailments and requesting for extension of parole period, the same has not been considered. The prayer in the writ petition is to direct respondents 1 to 3 to extend the petitioner's parole by another three months and for a direction to consider Ext.P6 representation.
4. Sri.Renjith Marar, learned Counsel for the petitioner, submitted that, compelling the petitioner to re-enter along with the other 191 prisoners included in Group No.2 of the schedule W.P.(C)No.460 of 2021 5 would pose serious threat to his already weak health condition. It is contended that, this Court having directed consideration of individual requests based on medical reasons, the respondents cannot compel the petitioner to re-enter the prison without considering his representation.
5. Countering the contentions, Sri.Suman Chakravarthy, learned Senior Public Prosecutor, submitted that, attempt of the petitioner is to capitalise on a concession extended by the Government. It is submitted that the Government having acted in terms of the directions in Ext.P5 while issuing Ext.P7 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 can be considered only W.P.(C)No.460 of 2021 6 in accordance with those provisions.
6. Learned Counsel for the petitioner contended that the provisions of the Chapter 42 is not applicable, since the petitioner is on parole and this Court has permitted prisoners having medical or personal reasons to make their submissions before the appropriate authority.
7. I find substantial force in the contention of the Senior Public Prosecutor that, Ext.P7 having been issued in terms of the direction issued by 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 concession 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 W.P.(C)No.460 of 2021 7 jails. The Apex Court has authorised the High Powered Committee to take a decision regarding grant of leave/parole and its time limit and the Committee has unanimously resolved that the prisoners on parole/leave should report back immediately. Accordingly, the writ petitions filed by the petitioner and others were dismissed, leaving it to the Government to work out the modalities for re-entry of the prisoners. Accordingly, the Government has issued Ext.P7 order. As pointed out by the learned Public Prosecutor, it is for the prison authorities to consider individual representations based on medical and other reasons, in accordance with the provisions of the Act and Rules.
The writ petition is hence disposed of, directing the petitioner to report back at the Central Prison, Kannur on or before 13.01.2021 and W.P.(C)No.460 of 2021 8 leaving it open for the prison authorities to consider Ext.P6 representation in terms of the Act and Rules.
Sd/-
V.G.ARUN JUDGE Scl/11.01.2021 W.P.(C)No.460 of 2021 9 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEASE MEMO DATED 27.03.2020 ISSUED BY THE SUPERINTENDENT OFFICE,CENTRAL PRISON,KANNUR.
EXHIBIT P2 TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER ISSUED BY THE GOVERNMENT MEDICAL COLLEGE CALICUT.
EXHIBIT P3 TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER ISSUED BY THE RENIAMEDI CITY IN 2017.
EXHIBIT P4 TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER FOR THE CHECKUP CONDUCTED IN THE YEAR 2020.
EXHIBIT P5 TRUE COPY OF THE JUDGEMENT PASSED BY THIS HON'BLE COURT DATED 22.12.2020 IN W.P(C)NO.26504/2020.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 31.12.2020 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE G.O.DATED 28.12.2020.