Back
BECHU KURIAN THOMAS
Allen Skariah Thomas @ Allen Thomas @ Cyril S/o Thomas M. G. – Appellant
Versus
Chief Secretary to Government of Kerala – Respondent
JUDGMENT :
BECHU KURIAN THOMAS, J.
1. Petitioner seeks directions for the grant of ordinary prison leave apart from other consequential directions. Petitioner has also sought to quash rule 407 of the Kerala Prisons and Correctional Services (Management) Rules, 2014 (for short 'the Rules').
2. Petitioner was convicted for the offence of patricide and sentenced to undergo life imprisonment by judgement dated 08.05.2018 in S.C. No. 350 of 2013 on the files of the Additional Sessions Court-IV, Pathanamthitta. He has already undergone more than six years of imprisonment and has not been granted ordinary leave till date. Petitioner claims that though there was no negative conduct on his part during the period he was on pre-trial bail from 12.10.2011 till the date of judgement. He is being denied ordinary leave without any lawful reasons. He alleges that leave has been denied due to certain vested interests and his application for leave is not even being placed before the Advisory Board for consideration. Petitioner further alleges that the District Probation Officer had even recommended the grant of ordinary leave to him, while the police reports are unfavourable without any reason.
3. A sta
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....
An eligible convict is entitled to be granted leave for 60 days in a year as per Rule 397.
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.
The court established that an adverse police report does not alone justify the denial of ordinary leave for prisoners eligible under prison management rules.
The Superintendent of Prisons cannot revoke a Government order granting leave based on subsequent events, as the order must be implemented as per prior recommendations.
Past abscondance does not impose absolute bar on ordinary leave; authorities must exercise discretion balancing prisoner rights and state interests.
Prisoners' eligibility for ordinary leave under reformative intent, despite police apprehensions about law and order.
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 duty of the Probation Officer to provide sufficient reasons for not recommending the grant of leave to a convict prisoner, and the consequences of a non-speaking order.
The Court emphasized that rejection of leave must be based on substantial evidence and previous recommendations must be considered.
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
