MUJEEB RAHMAN K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are convicted prisoners undergoing sentences at various prisons in the State, presently on parole. They are aggrieved by the orders issued by the Government requiring them to report back. The short facts, necessary for adjudication of the issue involved, are as follows:

(2.) In terms of the direction issued by the Apex Court, the Government constituted a High Powered Committee as per G.O(Rt) No.970/2020/Home dated 25.3.2020. The Government also ordered to release well behaved prisoners eligible for ordinary leave as per the Kerala Prisons and Correctional Services (Management) Act and the Rules ("the Act and the Rules" for short) in a single spell of 60 days, to reduce the number of prison inmates. Subsequently, the period for reporting back was extended considering the rapid spread of the pandemic and lack of public transport system. Other categories of prisoners, like those who had completed 2/3rd of their period of imprisonment and those above 65 years, were also released in relaxation of the Rules. The said orders were not issued in consultation with the High Powered Committee, which had evaluated and recommended the case of only 690 undertrial/remand prisoners. While so, the Director General of Prisons and Correctional Services informed the Government that some of the prisoners released on parole are getting involved in crimes and causing problems to the general public and therefore, they are to be sent back to prisons. After examining the matter, the Government issued G.O.(Rt)No.2170/2020/Home dated 01.10.2020 requiring the 265 prisoners granted emergency leave in the 1st phase before the lockdown, to re-enter the prisons within 3 days of 31.10.2020. That, 585 prisoners from the Open and Women's jails released in the 2nd phase, should re-enter within three days of 15.11.2020. Another 192 prisoners released in the 3rd phase was given 3 days from 30.11.2020 for re-entry. The Government later issued G.O.(Rt) No.2552/2020/Home dated 01.11.2020, extending the period for re-entry of all categories of prisoners above 65 years by one month from the dates stipulated in the previous Government order and directing all other prisoners to report back as per the stipulation in the order dated 01.10.2020. The writ petitions are filed challenging the aforementioned Government orders.

(3.) After hearing the learned Counsel for the petitioners and the learned Senior Public Prosecutor, this Court, by interim order dated 16.11.2020, sought clarification on the following aspects: