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P. N. PRAKASH, R. HEMALATHA
Muthumari – Appellant
Versus
Home Secretary (Prison), Chennai & The Additional Director General of Prison, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records and quash the proceedings of the third respondent in proceedings No.10651/Tha Ku 4/2022, dated 27.06.2022 and consequently direct the respondents to grant parole for one month to the petitioner's husband Dass @ Vattakannu @ Pethaperumal (Life Convict) confined in Central Prison, Trichy.)
P.N. Prakash , J.
1. This writ petition has been filed to quash the order No.10651/Tha Ku 4/2022, dated 27.06.2022, passed by the third respondent and to direct the respondents to grant parole for one month to the petitioner's husband Doss @ Vattakannu @ Pethaperumal, a life convict, confined in the Central Prison, Trichy.
2. The minimum facts that are required for deciding this writ petition are as under:
2.1. The petitioner, Muthumari, is the wife of Doss @ Vattakkan @ Perumal @ Petha Perumal (hereinafter referred to as “Doss”). Doss faced prosecution in S.C.No.296 of 2010 in the Court of the I Additional Sessions Judge, Tirunelveli and by judgment and order dated 29.07.2011, he was convicted and sentenced as under:
| Section of Law | Sentence of im | |
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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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.
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