CHANDRASEKHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner's request here arises perhaps because of R.535 of the Kerala Prisons Rules. That perhaps envisages a police escort though not ostentatiously to a prisoner who is released from the jail. THE rule requires a consolidated list of prisoners to be released the following month to be furnished to the I. G. of Police before the 25th of each month. It further requires the State to name the probable Railway Station of destination in respect of each convict. Whatever may be the purpose behind the rule if in its implementation the rule works out so as to plant a shadow on every convict who is released and to snatch him at the first opportunity and take him back to prison, the situation is quite undesirable. We are saying this because we have had petitions before us by relatives of convicted persons on the even of their release praying that the Court may pass appropriate orders so that the prisoner who is released is delivered into the hands of such relatives rather than into the hands of the police. May be to view a criminal as always a criminal and to see that he comes back to the prison at the earliest moment either by way of the provisions of S.109 or S.110 of the Code of Criminal Procedure or otherwise may be one way of approach to maintaining law and order and preventing crimes. But that may not be justifiable in law. THE prisoners on release are entitled to reach their homes and join their kith and kin. R.535 should not be used so as to obstruct them in this in any manner. We are not at the moment speaking on the vires or the validity of the rule, but are only speaking on its application. THEre shall be no question of taking a person into custody on his release as is apprehended in the petitioner's case.

(2.) A carbon copy of this will be issued to the learned Advocate General so that he may communicate it to the I. G. of Police. A copy will be sent to the petitioner also.