Kerala High Court
Bibeesh Bau @ Basith Ali vs The State Of Kerala on 29 May, 2020
Author: V Shircy
Bench: V Shircy
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 29TH DAY OF MAY 2020 / 8TH JYAISHTA, 1942
WP(C).No.10555 OF 2020(T)
PETITIONER/S:
BIBEESH BAU @ BASITH ALI
AGED 33 YEARS
S/O. K.B BABU, KALAYIL HOUSE, SACHAVOTHAPURAM P.O,
KURICHI, KOTTAYAM DIST 686 532
(CONVICTED PERSON/UNDERGOING SENTENCE IN POOJAPPURA
CENTRAL JAIL/C..NO 5124)
BY ADV. SRI.P.K.VARGHESE
RESPONDENT/S:
1 THE STATE OF KERALA
HOME DEPARTMENT, REPRESENTED BY BY ITS PRINCIPAL
SECRETARY, THIRUVANANTHAPURAM, PIN 695 001
2 THE DIRECTOR GENERAL OF PRISON AND CORRECTIONAL
SERVICE
(DGP) PRISON HEADQUARTERS, POOJAPURA,
THIRUVANANTHAPURAM, PIN 695 PIN 695 012
3 THE JAIL SUPERINTENDENT,
CENTRAL PRISON, THIRUVANANTHAPURAM, POOJAPURA, PIN
695 012
4 THE JAIL SUPEREINTENDENT,
SUB JAIL, THIRUVANANTHAPURAM PIN 695 502
OTHER PRESENT:
SRI.C.S.HRITHWIK SR PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.10555 OF 2020(T)
2
JUDGMENT
Dated this the 29th day of May 2020 This writ petition has been filed by the petitioner for a direction to the first respondent to extend the time stipulated in Ext.P1 order. The prayer in this writ petition is as follows :-
1. To issue an order directing the first respondent to extend the time period stipulated in Ext.P1.
2. To issue any other writ or order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
2. Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
3. The petitioner is a convict, undergoing sentence in Central Prison, Thiruvananthapuram. He has been released on special parole due to the threat of pandemic Covid-19 as early as on 01.05.2020 Now he is at his residence at Kottayam. As per Ext.P1 Government Order, it is made clear that, since the public transport facilities are not available, a convict, who is enjoying the facility of the special parole need to appear before the jail authorities, WP(C).No.10555 OF 2020(T) 3 only within a period of five days, after restoration of the public transport system, in the state.
3. The Government is at liberty to modify the order, considering the present situation of the State and all the convicted persons, who are released on special parole and enjoying the facility as stated above, have to comply with the directions of the Government without fail. Ext.P1 Government Order dated 01.05.2020 is so clear and definite and there is absolutely no necessity for further clarification in this regard. As the order was issued with clarity and that too in unmistakable terms there is absolutely no room for any apprehension. Therefore, further direction in this regard as sought for by the petitioner is quite unnecessary and unwarranted.
Hence this writ petition is disposed of.
Sd/-
SHIRCY V JUDGE SMA WP(C).No.10555 OF 2020(T) 4 APPENDIX PETITIONER(S)' EXHIBIT :-
EXHIBIT P1 - A TRUE COPY OF THE ORDER DATED 01.05.2020 ISSUED BY THE ADDITIONAL SECRETARY, HOME DEPARTMENT OF KERALA.
EXHIBIT P2 - A TRUE COPY OF THE NEWSPAPER REPORT IN CONNECTION WITH THE SPREADING OF COVID - 19 AMONG THE INMAGES OF UNDER TRAIL PRISONERS AT KERALA.
RESPONDENT(S)' EXHIBIT :- NIL