Back
SUPREME COURT OF INDIA
S.A. BOBDE, CJI., A.S. BOPANNA, V. RAMASUBRAMANIAN, JJ.
KERALA UNION OF WORKING JOURNALISTS - Petitioners
Vs.
UNION OF INDIA & ORS. - Respondents
Writ Petition(s)(Criminal) No(s). 307/2020
Decided on : 15-02-2021
Order - Plea is made that the prisoner be allowed to visit Kerala to see his mother who is said to be in a critical condition and he has been advised that she is not likely to survive for long – Held, Court consider it appropriate to permit the prisoner- to visit his mother and return to the prison at the end of the 5th day after he is allowed to travel - Court are of the view that the interest of justice would be served, if appropriate safeguards are built into the order for the proposed visit of the prisoner - Senior counsel also agrees to certain conditions being imposed - During his visit, he shall not give any interview to any media including the social media - He shall not meet the members of the public. He will be entitled to meet his relatives and doctors and anybody else in connection with his mother’s health - Application is disposed of.
ORDER :
1. We have heard Mr. Kapil Sibal, learned senior counsel appearing on behalf of the applicant as well as Mr. Tushar Mehta, learned Solicitor General of India.
2. Mr. Kapil Sibal, learned senior counsel makes a plea that the prisoner viz. Sidhique Kappan S/o Muhammed be allowed to visit Kerala to see his mother who is said to be in a critical condition and he has been advised that she is not likely to survive for long.
3. In these circumstances, we consider it appropriate to permit the prisoner-Sidhique Kappan to visit his mother and return to the prison at the end of the 5th day after he is allowed to travel.
4. Mr. Tushar Mehta, learned Solicitor General has expressed a grave apprehension that the prisoner-Sidhique Kappan is likely to use this opportunity to have himself paraded in the public and gather support for his activities which are otherwise against the law.
5. Having given our consideration to the matter, we are of the view that the interest of justice would be served, if appropriate safeguards are built into the order for the proposed visit of the prisoner -Sidhique Kappan. Mr. Kapil Sibal, learned senior counsel also agrees to certain conditions being imposed.
(ii) During his visit, he shall not give any interview to any media including the social media.
(iii) He shall not meet the members of the public. He will be entitled to meet his relatives and doctors and anybody else in connection with his mother’s health.
(iv) He shall be escorted by the team of officers of the U.P Police. The State police of Kerala shall co-operate with the U.P. police in the matter. It shall be the responsibility of the U.P. Police to ensure that the prisoner-Sidhique Kappan travel to and from his mother’s house.
(v) The police may guard the house from outside, but shall not go inside the house, when the prisoner- Sidhique Kappan visits his mother.
6. This order is passed without prejudice to any contentions raised by the learned Solicitor General in respect of the tenability of the petition.
7. Application is disposed of accordingly.
Emergency parole can be granted for compassionate reasons under specified prison regulations.
Parole conditions restricting a convict from visiting an ailing family member are liable to be set aside if the underlying law and order concerns can be managed through police monitoring, as such res....
Geographical restrictions on prisoner escort visits do not violate fundamental rights and are justified by practical considerations.
A convict on ordinary leave has the right to enter their home district, and any safety concerns must be managed by the state without imposing unreasonable restrictions.
The court balanced the applicant/appellant's request to travel with the need to ensure compliance and mitigate the risk of not returning to India.
Statutory authorities are legally obligated to consider and dispose of representations filed with them within a reasonable time, rather than allowing them to remain pending indefinitely.
Court can grant ordinary leave to convict despite pending cases if sentence served and humanitarian grounds exist.
The court affirmed the right to emergency parole under specified circumstances as outlined in the Kerala Prisons & Correctional Services (Management) Rules, 2014.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
