B.G.KRISHNAMURTHY Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner challenges the constitutional validity of Rule 415(3) of the Kerala Prisons and Correctional Services (Management) Rules, 2014 (for short 'the Rules'). Petitioner also seeks the grant of an escort visit to see his mother and close relatives who reside in Chikkamangaluru, Karnataka.

(2.) Petitioner is facing an indictment under the Unlawful Activities (Prevention) Act, 1967. He was arrested on 10/11/2021 and is facing trial as the 14th accused in S.C. No.2/2021 before the Special Court for the trial of National Investigation Agency Cases, Ernakulam. He hails from Chikkamangaluru in Karnataka. Petitioner's request for permission to visit his mother and near relatives was denied by the Special Court pointing out Rule 415(3) of the Rules which restricts escort visits outside the State of Kerala except for the death of an immediate relative.

(3.) Petitioner pleads that the denial of escort visit under Rule 415(3) of the Rules to a place outside the State of Kerala is violative of Article 14 and 15 of the Constitution as it discriminates between 'prisoners born outside Kerala State' and those 'born in Kerala'. It is also pleaded that since the discrimination is based on the place of birth, the said provision infringes the fundamental right under Article 15 and Article 19(1)(d) of the Constitution of India. Petitioner has also alleged that restricting escort visit to places within the State of Kerala except for the death of a near relative is ultra vires the Kerala Prisons and Correctional Services (Management) Act, 2010 (for short 'the Act') as it goes beyond the powers under Sec. 79 of the Act.