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2023 Supreme(Ker) 201

ALEXANDER THOMAS, C. S. SUDHA
Swathi Sibi, W/o. Sibi – Appellant
Versus
State Of Kerala, Represented by The Secretary To Home Department, Government Secretariat, Thiruvananthapuram-695001 – Respondent


Advocates Appeared:
For the Petitioner: P.M. Rafiq, M. Revikrishnan, Ajeesh K. Sasi, Mitha Sudhindran, Rahul Sunil, Sruthy N. Bhat, Sruthy K.K.
For the Respondents: Sri. Asok M. Cherian, Smt. Sabeena P. Ismail, Shri. P.Narayanan, Sri. Alex M. Thombra.

JUDGMENT :

[Alexander Thomas, J.]

    “3. ……. Punitive therapeutics must be more enlightened than the blind strategy of prison severity where all that happens is sex-starvation, brutalisation, criminal companionship, versatile vices through bio-enviromnental pollution, dehumanised cell drill under “zoological conditions” and emergence, at the time of release, of an embittered enemy of society and its values with an indelible stigma as convict stamped on him — a potentially good person “successfully” processed into a hardened delinquent, thanks to the penal illiteracy of the Prison System. The Court must restore the man”

-V.R. Krishna Iyer in Phul Singh v. State of Haryana, [(1979) 4 SCC 413: AIR 1980 SC 249]

1. The prayers in the aforecaptioned Writ Petition (Criminal), W.P.(Crl).No. 188/2022 are as follows:

    "i. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the 2nd Respondent to grant parole of fifteen days to the husband of the petitioner (Sibi – Convict No.4044), who is undergoing incarceration at Central Prison and Correctional Home Viyyur, in accordance with law;

ii. To grant any such other and further relief as this Hon'ble Court may

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