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BECHU KURIAN THOMAS
Noushad. A – Appellant
Versus
State Of Kerala, Represented By Secretary, Department Of Home Affairs – Respondent
JUDGMENT :
These two writ petitions are filed by brothers seeking similar reliefs. W.P.(Crl.) No.74 of 2023 is filed by Sri.Noushad seeking grant of ordinary leave for his brother, who is convict No.7575, lodged in the Central Prison, Thiruvananthapuram, while W.P(Crl.) No.246 of 2023 is filed by the said convict himself, seeking grant of ordinary leave to him and a declaration that he is entitled to parole
2. The facts stated in the second writ petition, i.e., W.P.(Crl.) No.246 of 2023 would suffice and is briefly mentioned as follows: Petitioner is life convict No.7575 who has been released on ordinary leave on 16 occasions earlier and had never violated any of the conditions of leave.
2.1. According to the petitioner, at the instance of one Sri.Muhammed Nisham, who is convict No.2322 (hereinafter referred to as ‘Nisham’ for short), he is being denied leave. After petitioner was purposely injured at the behest of Sri. Nisham, the learned Sessions Judge intervened and directed a crime to be registered. Thereafter, crime No.858 of 2022 was registered under sections 324 and 34 of the Indian Penal Code, 1860 (for short ‘IPC’).
2.2. Petitioner alleged that after he complained about Nisham
As per Rule 397 of Kerala Prisons and Correctional Services (Management) Rules, 2014 leave can be granted only to well-behaved, eligible and convicted prisoners.
An eligible convict is entitled to be granted leave for 60 days in a year as per Rule 397.
The court established that the denial of ordinary leave to a prisoner must be based on specific, objective criteria rather than vague assertions, and that arbitrary denial undermines the rehabilitati....
The court has the discretion to grant leave to a convict based on eligibility and the likelihood of law and order issues, and may impose conditions on the leave granted.
The court may grant ordinary leave to a convict prisoner where the refusal grounds lack factual basis and the prisoner has a record of good conduct, especially when humanitarian grounds like care for....
The pendency of criminal cases against a convict prisoner does not serve as an absolute bar to the grant of ordinary leave under prison regulations.
A prisoner's entitlement to ordinary leave for rehabilitation should not be denied based solely on a vague apprehension of absconding by police authorities, especially when the prisoner's conduct has....
The grant of parole or leave to a convict prisoner is a discretionary power and a privilege, and the judiciary cannot exercise these powers. The prison authorities must consider all relevant aspects ....
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