IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 RP.No. 986 of 2009(E) ------------------------------ AGAINST THE JUDGEMENT IN WPC.1938/2009 Dated 18/08/2009 .................... REVIEW PETITIONER(S)/PETITIONER: ---------------------------------- P.V. ASHOKAN, AGED 45 YEARS, S/O. KELUKUTTY, RESIDING AT CENTRAL PRISON, THIRUVANANTHAPURAM, FROM PUTHENVEETTIL, POST, KANNADIPOIL , BALUSSERI,KOZHIKODE. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL, CENTRAL PRISON, THIRUVANANTHAPURAM. 3. THE JAIL ADVISORY COMMITTEE, CENTRAL PRISON, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. NOBLE MATHEW. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.S. GOPINATHAN, JJ. ------------------------------ R.P. No.986 of 2009 in W.P.(C) No.1938 of 2009 ------------------------------ Dated this, the 26th day of November, 2009 ORDER Balakrishnan Nair, J. The review petitioner is the petitioner in the Writ Petition. He is suffering life imprisonment as a result of his conviction in S.C.No.42 of 1988 on the files of the Court of Sessions Judge, Kozhikode. The petitioner submits that others who have committed heinous crimes have been released after commuting the sentence under Section 433A of Cr.P.C. It is stated that while he was in jail, another murder took place in the jail and he was made an accused in that case falsely. The said case is now tried as S.C.No.543/2005, on the files of Additional Sessions Judge, Thalassery. The fact that he is an accused in that case is used as a convenient ruse to deny him the benefit of commutation. Therefore, the Writ Petition was filed seeking a direction to the Government to consider the claim of the petitioner for release on commutation. 2. If a convict suffering life imprisonment is again RP No.986/09 - 2 - involved in another murder case and the Government declines to grant the benefit of commutation to him, the same cannot be said to be arbitrary or irrational. But, the learned counsel for the petitioner submitted that he is not actually involved in the second case, but he is falsely implicated in that case. But, we cannot go into the merits of the allegations against the petitioner in the second case, as the matter is pending consideration before the trial court. So, the Writ Petition was dismissed giving liberty to the petitioner to move this Court after the trial in S.C.No.543/05 mentioned above is over. Seeking review of the said judgment, this Review Petition is filed. 2. In the Review Petition, the ground taken is that, he has already suffered 19 years of imprisonment. Recently, 120 convicts who were punished for life imprisonment have been released after 13 years of incarceration. Only for political reasons, he is denied the benefit of commutation. It is also submitted that now, there is a move by the Government to re-investigate the case, which is the subject matter of S.C.No.543/05. The Public Prosecutor has already filed an application under Section 173(8) seeking permission to RP No.986/09 - 3 - re-investigate. The petitioner submits that this is a deliberate design to delay his release. 3. If the petitioner is aggrieved by the application for reinvestigation of the case, he may oppose it before the learned Sessions Judge. If the order is against him, he has to work out his remedies against it. This court cannot go into those collateral matters in this petition. The only point, which arose for consideration was whether the refusal of the competent authority to commute the petitioner's sentence under Section 433A is valid or not. As long as the petitioner is not cleared in S.C.No.543 of 2005, we cannot compel the Government to grant the benefit of Section 433-A to the petitioner. We find no reason to review our earlier judgment. So, the Review Petition is dismissed. Sd/- K. Balakrishnan Nair, Judge. Sd/- P. S. Gopinathan, Judge. DK. (True copy)