IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 3^RD DAY OF DECEMBER 2024/12TH AGRAHAYANA, 1946 W.P.(CRL.) NO. 79 OF 2024 AGAINST THE ORDER/JUDGMENT IN SC NO.162 OF 2001 OF ADDITIONAL SESSIONS COURT (FAST TRACK) II, THRISSUR CRIME NO.424/1999 OF KUNNAMKULAM POLICE STATION, THRISSUR PETITIONER/S:

BINDU PRAKASAN AGED 47 YEARS W/O PRAKASAN, PARAMBIL HOUSE, BROTHERS ROAD, KANDANNASSERY P.O., THRISSUR, PIN – 680102.

BY ADVS.

GEORGE VARGHESE(PERUMPALLIKUTTIYIL)

MANU SRINATH NIMESH THOMAS LIJO JOHN THAMPY RESPONDENTS:

1 STATE OF KERALA HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

2 DIRECTOR GENERAL PRISON AND CORRECTIONAL SERVICE DEPARTMENT, GOVERNMENT OF KERALA, POOJAPPURA, THIRUVANANTHAPURAM, PIN – 695012.

3 JAIL ADVISORY BOARD OPEN PRISON AND CORRECTIONAL HOME, CHEEMENI, KASARAGOD, KERALA, PIN – 671313. 4 DISTRICT PROBATION OFFICER, THRISSUR, KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA, PIN – 680003.

5 DISTRICT POLICE CHIEF THRISSUR CITY, RAMAVARMAPURAM RD, PALLIMOOLA, MANNUMKAD, RAMAVARMAPURAM, THRISSUR, KERALA, PIN – 680631.

6 SUPERINTENDENT, OPEN PRISON AND CORRECTIONAL HOME, CHEEMENI, KASARAGOD, KERALA, PIN – 671313.

BY ADVS.

SHRI.P.NARAYANAN, SENIOR PUBLIC PROSECUTOR SHRI.SAJJU.S., SENIOR PUBLIC PROSECUTOR THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR FINAL HEARING ON 21.11.2024, THE COURT ON 03.12.2024 DELIVERED THE FOLLOWING:

P.G. AJITHKUMAR, J.

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W.P.(Crl) No.79 of 2024 -----------------------------------------------------------

Dated this the 3^rd day of December, 2024 JUGEMENT Sri.Prakasan is a life-convict. He is now detained in the Open Prison and Correctional Home, Cheemeni in Kasaragod. He has already undergone imprisonment for a period of twenty years, one month and five days, including set off as on 11.07.2023. He claims that he is entitled to be released prematurely in terms of the guidelines in the matter. This Court as per Ext.P12 judgment in W.P.(Crl) No.973 of 2022 directed the Government to pass appropriate orders on the report of the Jail Advisory Board-3^rd respondent his premature release. The Government issued Ext.P14 order dated 04.12.2023 rejecting the recommendation. In the circumstances, the wife of Sri.Prakasan (Convict No.321) has filed this writ petition seeking to quash Ext.P7, an earlier order of the Government rejecting the recommendation of the 3^rd respondent to release Sri.Prakasan and also Ext.P14 order.

The petitioner also seeks a writ of mandamus directing the 1^st respondent-Government to release her husband forthwith.

2. The contentions of the petitioner are that the recommendation of the 3^rd respondent dated 05.01.2017 was in favour of premature release of Sri.Prakasan. Taking all the relevant factors, including his behaviour in the Jail, such a recommendation was made. The 1^st respondent did not accept that recommendation. The petitioner, therefore, approached the Apex Court challenging the order of the 1^st respondent. The Apex Court directed the 1^st respondent to take an appropriate decision on the representation to be submitted by Sri.Prakasan seeking premature release. He therefore submitted Ext.P6 representation. The Government issued Ext.P7 order rejecting his plea for premature release without assigning any tangible reason. The said order was violative of the principles and guidelines enunciated as per the provisions of the Kerala Prison Correctional Services (Management) Act, 2010 (for short “the Act”) and the Kerala Prison Correctional Services (Management) Rules, 2014 (for short “the Rules”).

3. It was in challenge of the aforesaid order, the petitioner has filed W.P.(Crl.) No.973 of 2022 before this Court. It is alleged that the Government has taken a discriminatory stand, which is quite evident from Ext.P10 order dated 20.08.2019, by which life convicts of the same footing were released. The discrimination meted out against Sri.Prakasan is again evident