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2025 Supreme(Online)(Ker) 52127

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
AJITH KUMAR – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 36363 OF 2018



Advocates:
For the Appellants/Petitioners: SRI.RAJIT, SMT.V.VIJITHA
For the Respondents: SRI.SANGEETHA RAJ.N.R-PP

A court directive requires a governmental body to make a decision on an advisory recommendation concerning a convict's eligibility for premature release.

Headnote:The petitioner, a convict serving life imprisonment, petitions for inclusion in the list for premature release based on eligibility criteria. The Prison Advisory Board recommended his release on 18.08.2025, which has been forwarded to the Government. The Court orders that the first respondent decide on the recommendation within three months. The primary issue is whether the petitioner's name should be included for consideration of premature release. The court emphasizes the need for prompt governmental decision-making on advisory recommendations. The writ petition is disposed of, directing the first respondent to decide on the recommendation of the Prison Advisory Board within three months.

J U D G M E N T

The petitioner is a convict undergoing imprisonment for life at Open Prison, Nettukaltheri, Thiruvananthapuram. He has approached this Court by filing the above writ petition to give a direction to the respondents to include his name in the list of convicts recommended for premature release if he is found eligible for the consideration of the same in accordance with law.

The learned Public Prosecutor, on instructions, submitted that recently, the Prison Advisory Board has recommended the name of the petitioner for premature release at the meeting held on 18.08.2025 and the recommendation has already been forwarded to the Government as per the letter dated 15.10.2025. In these circumstances, this writ petition is disposed of with a direction to the first respondent to take a decision on the recommendation of the Prison Advisory Board in accordance with law within a period of three months.

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