SUBAIDA Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petitioners are the wives of some of the accused in the case S.C. No. 01/2013 on the file of the Special Court for the Trial of NIA Cases, Ernakulam.

(2.) The husbands of the petitioners have been convicted and sentenced to undergo different periods of sentence of rigorous imprisonment for the offences punishable under Sections 326, 307 and 153A read with 120B IPC, Section 3 of the Explosive Substances Act, 1908 and also under Section 16 read with 18 and Section 20 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as "UAPA"). The aforesaid convicted persons are lodged in the Central Prisons at Viyyur and Kannur.

(3.) The grievance of the petitioners is that their husbands are denied the benefit of remission of sentence earned by them under Section 72 of the Kerala Prisons and Correctional Services (Management) Act, 2010 (hereinafter referred to as 'the Act'), on the ground that they are persons convicted for offences under the UAPA, which is a Central Act. The petitioners have got a further grievance that their husbands are not granted the benefit of police escort on visit of near relatives, once in six months, as provided under Rule 415 of the Kerala Prisons and Correctional Services (Management) Rules, 2014 (hereinafter referred to as 'the Rules').