Legal rationale for reconsidering leave applications despite adverse police reports if eligibility is established.

JUDGMENT

The writ petition has been filed seeking the following prayers:

i. To issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st respondent to consider the application for leave submitted by the petitioner in an expeditious and time bound manner.

ii. ii. Any other reliefs which may be prayed for from time to time. Heard Sri. Sunny Mathew, learned counsel for the petitioner and Sri. N. R. Sangeet Raj, learned Public Prosecutor.

2. The grievance of the petitioner is that the competent authority has not considered his application seeking leave.

3. The learned Public Prosecutor, upon instructions, submitted that the petitioner’s application is now pending before the Director General of Prisons & Correctional Services, Thiruvananthapuram. It is further submitted that the Director General of Prisons received an adverse police report, which prevented the granting of the application seeking leave. The learned Public Prosecutor has submitted a report for and on behalf of the competent authority. It is stated in the report that the District Police Chief, Malappuram, submitted a report stating that if the petitioner is granted leave, there is a possibility of law and order issues. It is further reported that the Probation Officer concerned submitted a positive report. A general statement to the effect that the release of a prisoner will affect law and order is not a ground to reject leave to a convict if he is otherwise eligible.

4. Therefore, the Director General of Prisons & Correctional Services, Thiruvananthapuram, is directed to reconsider the petitioner’s application seeking leave, within a period of one month from the date of receipt of a copy of this judgment.

Accordingly, this writ petition is disposed of.

Sd/-