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2021 Supreme(Online)(KER) 38638

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
MUHAMMED NAVAS – Appellant
Versus
STATE OF KERALA – Respondent
WA/1318/2021



Advocates:
ADVS.V.A.HARITHA BIJU P.RAMAN SWAPNA C.P

Prisoners' rights to health during pandemics are paramount, as emphasized by Supreme Court directives.

Headnote:

Parole - Prisoners Rights - Supreme Court Directions - Writ Dismissal - Concerns over Health and Safety

Fact of the Case:

Appellants, prisoners released on parole due to Covid-19, challenged a directive to surrender, asserting it violated Supreme Court guidelines aimed at protecting inmate health.

Finding of the Court:

The court noted the appellants were not pressing the appeal, leading to its dismissal.

Issues: Whether the directive to surrender violated the Supreme Court's directives related to inmate health during the pandemic.

Ratio Decidendi: The court dismissed the appeal as not pressed, implicitly validating the previous compliance with Supreme Court directions.

Final Decision: Writ appeal dismissed as not pressed.

JUDGMENT

Dated this the 12th day of October 2021 S.MANIKUMAR, C.J.

Appellants, who are petitioners in W.P.(C)No.20171 of 2021, have filed this writ appeal challenging the judgment of the writ court in W.P.

(C)No.20171 of 2021 dated 30.9.2021.

2. Appellants have submitted that they are prisoners at Central Prison, Kannur. In the wake of Covid-19 pandemic situation, all of them are on parole granted by the second respondent/Director General of Prisons and Correctional Services. In suo motu W.P.(C)No.1/2020, the Hon'ble Apex Court has observed the parole as a way to decongest the prisons and ensure right to life and health of the inmates. Pursuant to the directions of the Hon'ble Apex Court, the appellants herein were also released by the State Government, on the basis of possibility of wide spread of Covid cases in the jails across the country.

3. It is alleged by the appellants that in spite of the standing directions issued by the Hon'ble Apex Court, the second respondent/Director General of Prisons and Correctional Services directed the appellants who were incarcerated and released on account of the pandemic, to surrender before the concerned jail authorities. Being aggrieved by this, appellants preferred W.P.(C)No.20171 of 2021 and the same was dismissed by the learned single Judge by the impugned judgment. Hence this writ appeal.

4. On this day, when the matter is taken up for consideration, Mrs.Haritha V.A., learned counsel for the appellants submitted that the appellants are not pressing the writ appeal.

In view of the above, this writ appeal is dismissed as not pressed.

SD/-

S.MANIKUMAR CHIEF JUSTICE SD/-

SHAJI P. CHALY JUDGE jes APPENDIX PETITIONER'S ANNEXURE Annexure A1 TRUE COPY OF THE ORDER PASSED BY HONORABLE APEX COURT IN SPECIAL LEAVE TO APPEAL(C) NO.15065/2021 DATED 27/09/2021.

Annexure A2 TRUE COPY OF THE ORDER PASSED BY HONORABLE APEX COURT IN WRIT PETITIONS CIVIL NOS.1067/2021 DATED 28/09/2021.

Annexure A3 TRUE COPY OF THE ORDER PASSED BY HONOURABLE APEX COURT IN WRIT PETITION(S) (CIVIL) NO.(S) 1067/2021 DATED 29/09/2021.

// TRUE COPY //

P.S. TO JUDGE

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