IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6229 of 2010(S)
1. SUO MOTU PROCEEDINGS INITIATED ON A
... Petitioner
Vs
1. THE ADDITIONAL CHIEF SECRETARY TO
... Respondent
2. THE ADDL. DIRECTOR GENERAL OF POLICE
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :31/08/2010
O R D E R
M.Sasidharan Nambiar, J.
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W.P.(C)No.6229 of 2010 S
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JUDGMENT
Suo motu proceedings were initiated based on a
petition received from Advocate Sri.M.K.Balakrishnan,
New Delhi, which was originally filed before the
Supreme Court. By Annexure-A2 order, that writ
petition was dismissed without prejudice to the
rights and contentions of the petitioner as the
Honourable Supreme Court was not inclined to
entertain the petition under Article 32 of
Constitution of India as a public interest
litigation. Petitioner was granted liberty to move
the concerned High Court for appropriate relief. It
is thereafter this petition was sent to this Court,
based on which, suo motu case was registered. The
relief sought for is a writ of mandamus to release
all the life convicts languishing in Central Jail,
Uttar Pradesh, after completing their fourteen
years of incarceration, including remission.
WPC 6229/10 2
2. The complaint shows that grievance was not
against the prisoners in any of the jails in
Kerala, though, along with the petition, list of
life convicts in Kerala was produced. But, in view
of the allegation that the life convicts, who have
completed fourteen years of imprisonment, including
remission, were not considered for release,
Director General of Prosecutions was directed to
submit a report on the convicts shown in the list
produced by the petitioner. A detailed statement
was submitted by the Director General of
Prosecutions, which reveals that case of each and
every prisoner was considered in accordance with
law. The relevant portions of the statement read:
7. It is submitted that out of 113 life convicts
mentioned in Annexure-III in respect of the
prisoners confined in Central Prison,
Thiruvananthapuram, 49 life convicts were already
released as they have completed imprisonment of
14 years including remission. They are Sl.Nos.1, 4,
6, 8, 9, 14, 16, 17, 18, 20, 23, 24, 30, 34, 35, 36,
39, 40, 42, 47, 50, 58, 58, 62, 63, 67, 68, 69, 71,
74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 87,
88, 95, 96, 100, 101, 105 and 118 in Annexure-III
communication.
WPC 6229/10 3
8. It is submitted that, out of the remaining 64 life
convicts, 25 prisoners who had already completed
14 years and above namely, Sl.Nos.7, 10, 11, 12,
15, 22, 31, 48, 56, 59, 61, 66, 70, 72, 73, 92, 93,
97, 98, 99, 102, 106, 107, 109 and 113, were not
released since the Jail Advisory Board held on
19.10.2009 declined to release those persons
considering the entire case records and other facts.
The Board was not satisfied with their back
records though they had completed imprisonment
of 14 years and above. The details of 5 life
convicts out of 39 remaining prisoners were
furnished before the Board meeting held on
3.7.2010 along with the details of 25 life prisoners
whose release were already declined by the
previous Advisory Board meeting. The
recommendation of the Board and its
consequential proceedings are pending
consideration before the Government. They are
Sl.Nos.3, 60, 104, 108 and 112. It is submitted that
one life convict No.C8322, Falgunan (Sl.No.91)
was transferred to Central Prison, Viyyur on
21.2.2010 as per Proceedings No.G2-2818/2010
dated 15.2.2010 of Additional Director General of
Police (Prisons) on disciplinary ground. The
remaining 33 life convicts, i.e., Sl.Nos.2, 5, 13, 19,
21, 25, 26, 27, 28, 29, 32, 33, 37, 38, 41, 43, 44,
45, 46, 49, 51, 52, 53, 54, 55, 64, 65, 86, 89, 90,
94, 103 and 111 have not completed imprisonment
of 14 years as per the provisions of Kerala Prisons
Rules 545 and Section 433A of Code of Criminal
Procedure. Therefore, they are still continuing in
jail.
9. It is submitted that out of 25 life convicts
referred in Annexure-III relating to the Central
Prison, Viyyur, 6 life prisoners, Sl.Nos.6, 8, 11,
12, 22 and 24 were already released since theyWPC 6229/10 4
have completed 14 years of imprisonment
including remission. Out of the remaining 19 life
convicts, Sl.Nos.10, 15, 17, 20 and 21 were
transferred to Central Prison, Kannur on different
dates owing to disciplinary proceedings and at
their own request. One prisoner, Sl.No.3, was
transferred similarly to Open Prison,
Nettukalthery, Thiruvananthapuram. Out of the
remaining 13 life prisoners, 3 prisoners, i.e.,
Sl.Nos.5, 16 and 25 have completed imprisonment
of 14 years and above and their details were placed
before the Jail Advisory Board held at the Central
Prison, Viyyur on 16.5.2010. The recommendation
of the Advisory Board has already been submitted
to the Government and the decision is awaited.
The remaining life prisoners, Sl.Nos.1, 2, 4, 7, 9,
13, 14, 18, 19 and 23, who have not completed 14
years of imprisonment are still continuing
detention in jail. Out of 5 life convicts transferred
to Central Prison, Kannur, the names and details of
3 prisoners, Sl.Nos.10, 20 and 21, who have
completed 14 years of imprisonment were placed
before the Advisory Board meeting held on
8.6.2010 at Central Prison, Kannur. The
proceedings in respect of them are pending.
10. It is submitted that in respect of the Open
Prison, Nettukalthery, out of 159 life prisoners,
103 life prisoners were already released since they
have already completed 14 years of imprisonment
including remission. They are Sl.Nos.1, 2, 3, 4, 5,
6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21,
22, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 39,
40, 41, 42, 43, 45, 46, 48, 49, 51, 52, 53, 54, 55,
57, 58, 59, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70,
71, 74, 75, 76, 77, 78, 79, 80, 82, 84, 85, 86, 87,
88, 89, 90, 91, 93, 94, 96, 97, 99, 101, 102, 103,
107, 108, 110, 111, 117, 118, 124, 131, 132, 137,WPC 6229/10 5
139, 140, 141, 143, 145, 147, 151, 152, and 153 in
Annexure-III communication.
11. It is submitted that in the cases of 10 prisoners
out of the remaining 56 life prisoners, i.e.,
Sl.Nos.8, 18, 23, 37, 47, 56, 72, 98, 144 and 138,
though they whole details relating to them were
furnished before the Jail Advisory Board as they
have completed 14 years of imprisonment, the Jail
Advisory Board decline to recommend their
release. The remaining 46 life prisoners, viz.,
Sl.Nos.36, 38, 44, 40, 60, 73, 81, 83, 92, 95, 100,
104, 105, 106, 109, 112, 113, 114, 115, 116, 119,
120, 121, 122, 123, 125, 126, 127, 128, 129, 130,
133, 134, 135, 136, 142, 146, 148, 149, 150, 154,
155, 156, 157, 158 and 159 in Annexure-III
communication, have not completed 14 years of
their imprisonment and therefore, they are still
continuing n prison.
12. It is submitted that out of 27 life convicts
referred in Annexure-III, relating to Central
Prison, Kannur, 9 prisoners, Sl.Nos.2, 5, 6, 7, 8,
12, 14, 21 and 25 have already been released as
they have completed 14 years of imprisonment
including remission. The details of 17 life
convicts, i.e. Sl.Nos.1, 3, 4, 9, 10, 11, 13, 15, 16,
17, 18, 20, 22, 23, 24, 26 and 27, out of the
remaining 18 life prisoners, who have completed
imprisonment of 14 years and above were
furnished to the Jail Advisory Board and the Board
in turn considered the details thus furnished in its
meeting held on 8.6.2010 for their release. The
final decision is yet to come. One life convict
No.4510 by name Jose (Sl.No.19), was transferred
to Central Prison, Viyyur earlier on his request.
The name and details of the above convict Sri.Jose
was also placed before the Jail Advisory BoardWPC 6229/10 6
meeting held on 16.5.2010 at Viyyur Central
Prison for considering his release as he has already
completed 14 years of imprisonment and the
decision on his matter also is yet to come.
13. It is submitted that out of 23 life convicts
referred in Annexure-III communication relating
to Open Prison, Cheemeni, Kasaragod, 12
prisoners, Sl.Nos.1, 2, 3, 6, 9, 12, 15, 16, 17, 19,
21 and 23, were already released as they
completed 14 years of imprisonment including
remission. Out of the remaining 11 life prisoners
one prisoner by name Raveendran, Convict No.9
(Sl.No.7) expired on 1.7.2009. The details of 5 life
convicts, i.e., Sl.Nos.4, 5, 10, 11 and 18, who have
completed 14 years of imprisonment, have been
placed before the Jail Advisory Board for their
release. The proceedings in respect of them are
pending consideration before the Government. The
remaining 5 prisoners, i.e., Sl.Nos.8, 13, 14, 20
and 22 are still continuing detention as they have
not completed 14 years of imprisonment.
14. It is submitted that out of 5 life convicts
referred in Annexure-III communication relating
to Women’s Prison, Neyyattinkara, Convict No.
388 Saramma (Sl.No.1) was released on
completion of 14 years of imprisonment including
remission. Life Convict No.439 Vijayamma
(Sl.No.2) was transferred to Central Prison,
Thiruvananthapuram on her request due to medial
reason as early as on 23.6.2009. Convict Nos.454,
462, 504, Devaki, Sajimol and Lakshmi (Sl.Nos.3,
4, and 5) are still undergoing imprisonment since
they have not completed imprisonment of 14 years.
WPC 6229/10 7
3. In the light of the statement, no action is
warranted. Suo motu proceedings is closed.
4. Along with the suo motu proceedings, two
complaints received from Life Convict No.1483
Surendran, who is undergoing imprisonment in
Central Prison, Thiruvananthapuram, alleging that
his case is not being considered, were also placed.
Said Surendran is Sl.No.15 in the list of life
convicts of Central Prison, Thiruvananthapuram,
produced in the petition. Paragraph 8 of the
statement shows that his case was also considered
and he was not released as the Jail Advisory Board
held on 19.10.2009 declined to release him along
with some other prisoners. In such circumstances,
no action is warranted in the complaints received
from convict Surendran.
Petition is disposed.
31st August, 2010 (M.Sasidharan Nambiar, Judge)
tkv