Conditions imposed for convict leave that restrict the fundamental right of residency without specific justification and interfere with the ability of co-convicts to avail leave are unreasonable and liable to be set aside.

J U D G M E N T

While granting ordinary leave for 30 days to the petitioners herein, who are Convict No.251/23, Convict No.256/23 & Convict No.258/23 respectively, of the Central Prison, Kannur, vide Exts P1 to P3 proceedings, the third respondent imposed eight conditions. The condition No.(1) directing the residence of petitioners outside the limits of Areekode Police Station in Malappuram District during the period of leave, and restricting the entry of the petitioners to the limits of Areekode Police Station, and condition No.(8) restricting the release of the other convicts in the same case while any of those convicts are granted regular leave, are under challenge in this writ petition filed under Article 226 of the Constitution of India.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State of Kerala.

3. It is apparent that the aforesaid restrictions imposed by the third respondent are unreasonable, and in curtailment of the rights of the petitioners to reside with their families during the period of leave. It appears that the law and order concerns of the authorities were the reason for incorporating those conditions in Exts P1 to P3 proceedings. However, the above concerns are to be tackled by the District Police Chief and the SHO concerned by making appropriate arrangements to avoid any untoward incidents. At any rate, there is no justification in imposing the above conditions curtailing the rights of the petitioners to reside in their homes during the period of leave. Therefore, the prayer in this writ petition deserves to be allowed.

In the result, the writ petition stands allowed as follows:

(i) The condition Nos.(1) & (8) in Exts P1 to P3 proceedings, restricting the entry of the petitioners to the limits of Areekode Police Station in Malappuram District during the period of leave, and barring the release of the other convicts in the same case while anyone of them is granted regular leave, are hereby set aside.

(ii)The petitioners shall be released as per Exts P1 to P3 proceedings, if they comply with the other conditions incorporated thereunder.