ABDUL RAFFAR Vs. SUPERINTENDENT CENTRAL PRISON

JUDGEMENT

(1.) This Writ Petition is filed to issue a direction to the respondents to grant 60 days special remission of sentence in lieu of wages as provided under Rule 384A of the Kerala Prison Rules, for the year 1997. The petitioner was found guilty, convicted and punished with simple imprisonment for two years by the Enquiry Commissioner and Special Judge, Thrissur in C.C. No. 49/1991. The conviction and sentences were upheld by this Court as well as the Supreme Court. When the judgment of the Trial Court was confirmed by this Court, the petitioner surrendered and underwent the punishment at Central Prison, Viyyur from 6.3.1997 to 24.4.1997 as Convict No. 9900. He was released on bail with effect from 24.4.1997, consequent to the admission of the Special Leave Petition by the Supreme Court. The Criminal Appeal filed by the petitioner before the Apex Court was also dismissed. The petitioner surrendered and is undergoing imprisonment from 3.1.2004 onwards.

(2.) According to the petitioner, in addition to the ordinary remission admissible to the prisoners, he is entitled to special remission in lieu of wages as provided in Rule 384A of the Kerala Prison Rules, for the years 1997, 2004 and 2005. According to the petitioner, he is entitled to be released from the prison with effect from 15.3.2005, and if the special remission claimed is not granted he will have to remain in prison till 15.5.2005.

(3.) It is averred that from 6.3.1997 to 24.4.1997, the petitioner had worked inside the prison for which he had earned wages but no special remission was given for that period as provided under Rule 384A of the Prison Rules. It is also averred that remission of sentence given to the petitioner upto 18.10.2004 alone was calculated and recorded in the history sheet as three months and six days which includes 60 days special remission for wages for the year 2004. According to the petitioner, he is entitled to get 180 days as special remission as provided in Rule 384A of the Kerala Prison Rules since his imprisonment is spread over to three years viz. 1997, 2004 and 2005. It is also averred that the respondents have taken a stand that the imprisonment for the term 6.3.1997 and 24.4.1997 cannot be considered for special remission in the year 2004. Hence this Writ Petition to issue a writ of mandamus or direction to the respondents to grant 60 days of special remission of sentence in lieu of wages for the year 1997 in addition to the remission that would be granted as per Rule 384A of the Kerala Prison Rules for the imprisonment from 3.1.2004 onwards.