SELIN JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner seeks to quash an order revoking leave (parole) granted to her husband, who stands convicted of the offence of murder. Petitioner's husband, called the 'prisoner' hereinafter, is said to have caused the death of an important witness in a case, where he was an accused. The Court of Session found him guilty as charged and sentenced him to imprisonment for life. Within days of that, he was released on sixty days leave under R.452 of the Kerala Prisons Rules. The rule postulates granting of leave to well behaved prisoners, who have served out a certain part of the sentence imposed on them. Apparently, the prisoner had not served out that part of the sentence, when he was paroled.

(2.) The grant of leave was challenged by O. P. 10026/89 by a near relative of the prisoner who was a witness in the case that lead to prisoner's conviction. Petitioner therein, complained that release of prisoner was improper and that the prisoner had threatened to do away with him and his wife. Letters said to have been written by the prisoner in his own hand from the prison, were produced as exhibits in the said petition. There was an allegation that leave/parole was granted without application of mind and contrary to the recommendations of police to the effect that release of the prisoner would be a grave security risk. When the writ petition came up for hearing, learned Government Pleader took notice and time for instructions.

(3.) According to petitioner, her husband is innocent and he is a law abiding citizen. He is far from that, according to the findings made by the Court of Session. Whether that finding is correct or not, does not call for consideration in these proceedings. Fact remains, that sixty days leave was granted to the prisoner convicted of murder. Perhaps, a Government servant or an industrial worker would not. have found it that easy to get leave, for that long a period.