KUNHABDULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner's son, who is undergoing sentence in SC.97/2014 of the Additional Sessions Court-III, Kasaragod, for the offences under Sections 120B and 302 IPC, has sought for parole as per Rule 397 of the Kerala Prisons and Correctional Services (Management) Rules, 2014. The Superintendent of the Central Prison, Kannur, called for reports of the Sub Inspector of Police concerned and also the District Probation Officer. Even though the District Probation Officer has approved the good conduct of the son of the petitioner on almost all the portions of the report, finally, the Probation Officer has not recommended for parole. The Sub Inspector of Police also has opposed the grant of parole to the son of the petitioner.

(2.) Even though such reports were obtained, the Superintendent of the Central Prison, Kannur, has been keeping it in his own files without forwarding it to the Director General(Prisons).

(3.) As per Rule 397(f) of the aforesaid Rules, the authority to grant the first parole is the Director General(Prisons) and the authority to grant subsequent paroles is the Superintendent of the Prison concerned. Therefore, in this particular case, the Superintendent of the Central Prison, Kannur, instead of keeping the application and the reports in his own files, ought to have forwarded the same to the Director General(Prisons).