V. J. JAYAKUMAR ABRAHAM Vs. STATE

JUDGEMENT

(1.) Petitioners complain of grant of parole to convict prisoners, guided solely by whims and humour of the Government. They say that the Authorities turn the Nelson's eye to genuine cases, and grant parole to others, on the basis of letters issued by personal staff of Ministers, Members of Legislature and patty men. Those paroled, often do not come back to serve the remaining sentences, according to petitioners.

(2.) It is alleged (Crl. M. C. 1565/92) that one K. A. Devaseykutty, Koyickara House, Kanjoor, convicted of the offence of cheating has been overstaying and enjoying parole, engaging himself in contract work. in the meanwhile. Newspaper reports are also pressed into service to contend that such instances have been common,

(3.) The State ambits that atleast Devaseykutty and Kasim (mentioned in Crl. M. P. 190/93) have been at large, overstaying parole. Files produced, reveal that parole had been granted at the instance of Private Secretaries to Ministers, Legislators etc. (For example, Convict No. 8436 Joy, C No. 4636 Suku alias Sukumaran). They reveal further that grant of parole is not bated on any discernible or predictable principle. I do not wish to go into the facts in detail.