Section 91 in The Kerala Prisons and Correctional Services (Management) Act, 2010
91. Review of cases of remand and under trial prisoners.—
(1)The Government shall cause to be reviewed the cases of under trial prisoners detained in the prison for more than one year and also the cases where the period of detention undergone is more than half of the maximum punishment for the offence provided under the law by a Committee in every district consisting of the following members, namely:—(a)District and Sessions Judge having jurisdiction of the district who shall be the Chairman of the Committee;(b)Chief Judicial Magistrate;(c)Superintendent of the Prison or the Jail concerned who shall be the Convener and Secretary of the Committee;(d)District Superintendent/Commissioner of Police, as the case may be;(e)Sub Divisional Magistrate having jurisdiction;(f)District Probation Officer having jurisdiction;(g)Representative of Excise/Forest Department concerned.(2)The Committee shall meet at such times and at such places and observe such procedure, with regard to the transaction of business at its meeting, as may be prescribed.(3)A report with recommendation, if any, along with the proceedings of the Committee, shall be sent to the Director General who shall initiate such action as may be deemed necessary.(4)The Magistrate remanding the prisoner and the Superintendent of the prison, where the under trial prisoner is remanded or detained, as the case may be shall ensure that no under trial prisoner is detained in prison for a period exceeding the maximum period of punishment provided for the offence for which he has been detained.(5)No legal proceedings shall be entertained by any Court against any Magistrate or Superintendent of the Prison for the detention of any prisoner beyond half of the maximum of or even maximum punishment provided for the offence for which he has been detained if the concerned Magistrate or the Superintendent has no ulterior motive in such detention.
