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Shameera – Appellant
Versus
Secretary to Government – Respondent
JUDGMENT :
Bechu Kurian Thomas, J.
1. Petitioner is the wife of Sri. Hussain Abbas, who is convict No. 2930 presently lodged at the Central Prison and Correctional Home, Thiruvananthapuram. Petitioner’s husband was convicted for life imprisonment in S.C. No. 1530/2012 on the files of the Additional Sessions Court-VI Thiruvananthapuram for the offences, including Section 302 of the Indian Penal Code, 1860. An appeal has been filed as Crl.Appeal No. 1376/2018 which is pending consideration. Through this Writ Petition under Article 226 of the Constitution of India, petitioner seeks a direction to release her husband on leave, as directed in Ext.P1 order of the Government.
2. According to the petitioner, the Advisory Committee of the Central Prison recommended ordinary leave to 14 prisoners on 29.06.2023. Pursuant to the above recommendation, the Government, by order dated 12.12.2023, granted 15 days of ordinary leave to 14 prisoners, including the petitioner’s husband. Despite the direction of the Government, petitioner’s husband has not been given leave. When information was sought under the Right to Information Act, 2005, it was informed on 09.01.2024 that petitioner’s husband had neve
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.
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.
The court affirmed that a convict's eligibility for leave can be reconsidered in light of prior leave granted, emphasizing the need for flexibility in application of leave policies.
The Court determined eligibility criteria for granting ordinary leave to convicts based on prior conduct and the completion of imprisonment.
The court can grant leave to a convict prisoner based on favorable recommendations from a Probation Officer, despite inaccuracies in the leave application.
The authorities must consider previous court orders and the convict's compliance with leave conditions when deciding leave requests.
Prison authorities must consider and decide on parole applications promptly as mandated by applicable regulations.
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