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ALEXANDER THOMAS, C. JAYACHANDRAN
Sandhya, W/o Joshi – Appellant
Versus
Secretary – Respondent
JUDGMENT :
C. Jayachandran, J.
We are called upon to answer the following intriguing questions in this writ petition:-
2. Whether parole/leave can be sought for as a matter of right, in the light of the provisions of the Prisons Act and Rules? Whether the judgment in Noushad. A v. State of Kerala [2023 (3) KLT 24] recognise such a right?
2. The Writ Petitioner challenges non-grant of parole/leave to her husband by name 'Seethappan', a convicted prisoner undergoing sentence in the Central Prison, Viyyur pursuant to the judgment of conviction in S.C.No.246/2014 on the files of the first Additional Sessions Court, Ernakulam, inter alia for offence under Section 302 of the Indian Penal Code. Leave/Parole is refused for reason of adverse police report, albeit probation report being favourable.
Hon'ble Supreme Court, while examining the scope of issuance of a writ of habeas corpus in the matter of grant of remission or parole, held categorically that remission/parole is not a vested right.
Parole is a conditional release aimed at the reformation of convicts, and denial based solely on non-recommendation by authorities without substantial justification is impermissible.
Parole cannot be denied solely based on the nature of the crime if the convict exhibits good conduct and a tendency to reform, ensuring the maintenance of family ties is critical.
Releasing authority must independently assess parole applications beyond district non-recommendation; good conduct prisoners entitled to temporary release for family ties despite serious offence, abs....
State Government lacks authority to suspend sentences and grant parole to convicted prisoners during active appeal proceedings, highlighting the importance of adhering to statutory regulations.
Parole rejection invalid if solely based on offence nature without evidence of threat to state security or public order; releasing authority must independently assess good conduct and reform potentia....
The main legal point established in the judgment is that the State authorities cannot exercise their power to grant leave under the Tamil Nadu Suspension of Sentence Rules, 1982, when an appeal is pe....
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