A convict on ordinary leave has the right to enter their home district, and any safety concerns must be managed by the state without imposing unreasonable restrictions.

JUDGMENT

The mother of convict No.635 of 2022, who is undergoing imprisonment at Central Prison and Correctional Home, Kannur, approached this Court with following prayers:

“I. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction to the 3rd Respondent to lift the condition whereby the petitioner's son is restricted from entering into Palakkad District.

II. To grant any such other and further relief as this Hon'ble court may deem fit in the facts and circumstances of the case so as to meet the ends of justice.

III. To dispense with the production of English Translation of vernacular documents in the writ petition.”

2. As per Ext.P1, the petitioner’s son was granted ordinary leave, but in Ext.P1 there is a condition that the convict shall not enter the jurisdiction of Palakkad District. Aggrieved by the same, this writ petition is filed.

3. Heard Sri.Jerry Mathew, the learned counsel for the petitioner and Smt.S.Seetha, the learned Senior Public Prosecutor.

4. Admittedly, the petitioner’s son was granted ordinary leave as per Ext.P1. The house of the convict is situated within the jurisdiction of Palakkad District. Now, a condition is imposed as per Ext.P1 while granting the ordinary leave to the effect that he shall not enter the jurisdiction where his house is situated and he has to reside in his relative’s house. This Court directed the Public Prosecutor to get instructions about the same. The Public Prosecutor submitted that it is a political murder and therefore, if the petitioner enters Palakkad District, there may arise some law and order problem. I cannot agree with the above stand of the Police. Admittedly, the convict is undergoing the sentence of imprisonment for life. He is getting only a short time to spend with his family. During that period, if such a condition is imposed, that will curtail the right of a convict. A convict during the period of ordinary leave can go to his house. If there is any threat to the life of the convict, it is the duty of the State to see that his life is protected. Since the Public Prosecutor submitted that there is a threat to the life of the convict and there is chance for law and order problem, there can be a direction to the petitioner to report before the jurisdictional Station House OfÏcer on the day on which he is entering the Palakkad District. The Station House OfÏcer can make a surveillance to the area of the house of the convict, where he is residing till the leave period is over. With that condition, I think the condition in Ext.P1 can be lifted. Therefore, this writ petition is allowed in the following manner:

i. The condition in Ext.P1 to the effect that the petitioner shall not enter the jurisdictional limit of Palakkad District is set aside.

ii. The petitioner is free to enter the jurisdictional limit of Palakkad District. The day on which he is entering the jurisdictional limit of Palakkad District, he should report before the jurisdictional Station House OfÏcer to report about his entry to the Palakkad District.

iii. The Station House OfÏcer will see that there is no threat to life of the petitioner and there is no law and order problem during the period in which the convict is residing in his house.