SUSEELA BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The two writ petitioners project a common grievance that their sons (for brevity hereinafter referred to as the 'prisoners'), who are accused in the same sessions case and convicted for life imprisonment, are not being granted ordinary parole despite them entitled to such leave.

(2.) By judgment dtd. 14/3/2019 in S.C. No.705 of 2015, of the IV Additional Sessions Court, Thrissur, prisoners, who were arrayed in that case as accused 5 and 7 respectively were convicted and sentenced to life imprisonment. They have already completed four years in jail and had applied for ordinary parole. Though reports of the Probation Officer were in their favour, the police report alleged that if those prisoners are released on parole, there will be law and order problems from the relatives and friends of the victim. Petitioners allege that their sons are not being granted ordinary parole, under one pretext or the other, which is arbitrary and highly discriminatory.

(3.) Sri.K.S.Madhusoodanan, learned counsel for the petitioners contended that the two prisoners are being discriminated upon for reasons which are extraneous and political. The learned counsel submitted that the police report is manipulated with the intention to deprive these convicts of their ordinary leave which is legally entitled to them. It was contended that, second petitioner's son was on special leave for more than a year due to Covid-19 i.e., from 10/5/2021 to 12/5/2022 and despite him being on special parole, there was never any trouble and hence the police report, based upon an imaginary reason, is bereft of any truth. The learned counsel also asserted that minor prison offences have now been falsely registered against the prisoners and the same are being relied upon to deny their rightful claims. Relying upon Rule 397(l) of the Kerala Prisons and Correctional Services (Management) Rules, 2014 (for short 'the Rules'), the learned counsel submitted that the nature of jail offence that warrants denial of ordinary parole are not the nature of offences allegedly committed by the prisoners, as evident from Ext.P10 and Ext.P11 FIRs. On the above basis, it was submitted that ordinary parole ought to be granted to the prisoners, as contemplated by the Rules.