IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).No. 6229 of 2010(S) ------------------------------------- SUO MOTU PROCEEDINGS INITIATED ON A PETITION RECEIVED FROM ADVOCATE SRI.M.K.BALAKRISHNAN, NEW DELHI, REGARDING THE RELEASE OF LIFE CONVICTS LANGUISHING IN SEVERAL JAILS IN THE STATE OF KERALA. AGAINST 1. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE ADDL. DIRECTOR GENERAL OF POLICE (PRISONS), PRISONS, HEADQUARTERS, THIRUVANANTHAPURAM. BY DIRECTOR GENERAL OF PROSECUTION SRI. K.K. RAVEENDRA NATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.6229 of 2010 S -------------------------- JUDGMENT Suo motu proceedings were initiated based on a petition received from Advocate Sri.M.K.Balakrishnan, New Delhi, which was originally filed before the Supreme Court. By Annexure-A2 order, that writ petition was dismissed without prejudice to the rights and contentions of the petitioner as the Honourable Supreme Court was not inclined to entertain the petition under Article 32 of Constitution of India as a public interest litigation. Petitioner was granted liberty to move the concerned High Court for appropriate relief. It is thereafter this petition was sent to this Court, based on which, suo motu case was registered. The relief sought for is a writ of mandamus to release all the life convicts languishing in Central Jail, Uttar Pradesh, after completing their fourteen years of incarceration, including remission. WPC 6229/10 2 2. The complaint shows that grievance was not against the prisoners in any of the jails in Kerala, though, along with the petition, list of life convicts in Kerala was produced. But, in view of the allegation that the life convicts, who have completed fourteen years of imprisonment, including remission, were not considered for release, Director General of Prosecutions was directed to submit a report on the convicts shown in the list produced by the petitioner. A detailed statement was submitted by the Director General of Prosecutions, which reveals that case of each and every prisoner was considered in accordance with law. The relevant portions of the statement read: 7. It is submitted that out of 113 life convicts mentioned in Annexure-III in respect of the prisoners confined in Central Prison, Thiruvananthapuram, 49 life convicts were already released as they have completed imprisonment of 14 years including remission. They are Sl.Nos.1, 4, 6, 8, 9, 14, 16, 17, 18, 20, 23, 24, 30, 34, 35, 36, 39, 40, 42, 47, 50, 58, 58, 62, 63, 67, 68, 69, 71, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 87, 88, 95, 96, 100, 101, 105 and 118 in Annexure-III communication. WPC 6229/10 3 8. It is submitted that, out of the remaining 64 life convicts, 25 prisoners who had already completed 14 years and above namely, Sl.Nos.7, 10, 11, 12, 15, 22, 31, 48, 56, 59, 61, 66, 70, 72, 73, 92, 93, 97, 98, 99, 102, 106, 107, 109 and 113, were not released since the Jail Advisory Board held on 19.10.2009 declined to release those persons considering the entire case records and other facts. The Board was not satisfied with their back records though they had completed imprisonment of 14 years and above. The details of 5 life convicts out of 39 remaining prisoners were furnished before the Board meeting held on 3.7.2010 along with the details of 25 life prisoners whose release were already declined by the previous Advisory Board meeting. The recommendation of the Board and its consequential proceedings are pending consideration before the Government. They are Sl.Nos.3, 60, 104, 108 and 112. It is submitted that one life convict No.C8322, Falgunan (Sl.No.91) was transferred to Central Prison, Viyyur on 21.2.2010 as per Proceedings No.G2-2818/2010 dated 15.2.2010 of Additional Director General of Police (Prisons) on disciplinary ground. The remaining 33 life convicts, i.e., Sl.Nos.2, 5, 13, 19, 21, 25, 26, 27, 28, 29, 32, 33, 37, 38, 41, 43, 44, 45, 46, 49, 51, 52, 53, 54, 55, 64, 65, 86, 89, 90, 94, 103 and 111 have not completed imprisonment of 14 years as per the provisions of Kerala Prisons Rules 545 and Section 433A of Code of Criminal Procedure. Therefore, they are still continuing in jail. 9. It is submitted that out of 25 life convicts referred in Annexure-III relating to the Central Prison, Viyyur, 6 life prisoners, Sl.Nos.6, 8, 11, 12, 22 and 24 were already released since they WPC 6229/10 4 have completed 14 years of imprisonment including remission. Out of the remaining 19 life convicts, Sl.Nos.10, 15, 17, 20 and 21 were transferred to Central Prison, Kannur on different dates owing to disciplinary proceedings and at their own request. One prisoner, Sl.No.3, was transferred similarly to Open Prison, Nettukalthery, Thiruvananthapuram. Out of the remaining 13 life prisoners, 3 prisoners, i.e., Sl.Nos.5, 16 and 25 have completed imprisonment of 14 years and above and their details were placed before the Jail Advisory Board held at the Central Prison, Viyyur on 16.5.2010. The recommendation of the Advisory Board has already been submitted to the Government and the decision is awaited. The remaining life prisoners, Sl.Nos.1, 2, 4, 7, 9, 13, 14, 18, 19 and 23, who have not completed 14 years of imprisonment are still continuing detention in jail. Out of 5 life convicts transferred to Central Prison, Kannur, the names and details of 3 prisoners, Sl.Nos.10, 20 and 21, who have completed 14 years of imprisonment were placed before the Advisory Board meeting held on 8.6.2010 at Central Prison, Kannur. The proceedings in respect of them are pending. 10. It is submitted that in respect of the Open Prison, Nettukalthery, out of 159 life prisoners, 103 life prisoners were already released since they have already completed 14 years of imprisonment including remission. They are Sl.Nos.1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 39, 40, 41, 42, 43, 45, 46, 48, 49, 51, 52, 53, 54, 55, 57, 58, 59, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79, 80, 82, 84, 85, 86, 87, 88, 89, 90, 91, 93, 94, 96, 97, 99, 101, 102, 103, 107, 108, 110, 111, 117, 118, 124, 131, 132, 137, WPC 6229/10 5 139, 140, 141, 143, 145, 147, 151, 152, and 153 in Annexure-III communication. 11. It is submitted that in the cases of 10 prisoners out of the remaining 56 life prisoners, i.e., Sl.Nos.8, 18, 23, 37, 47, 56, 72, 98, 144 and 138, though they whole details relating to them were furnished before the Jail Advisory Board as they have completed 14 years of imprisonment, the Jail Advisory Board decline to recommend their release. The remaining 46 life prisoners, viz., Sl.Nos.36, 38, 44, 40, 60, 73, 81, 83, 92, 95, 100, 104, 105, 106, 109, 112, 113, 114, 115, 116, 119, 120, 121, 122, 123, 125, 126, 127, 128, 129, 130, 133, 134, 135, 136, 142, 146, 148, 149, 150, 154, 155, 156, 157, 158 and 159 in Annexure-III communication, have not completed 14 years of their imprisonment and therefore, they are still continuing n prison. 12. It is submitted that out of 27 life convicts referred in Annexure-III, relating to Central Prison, Kannur, 9 prisoners, Sl.Nos.2, 5, 6, 7, 8, 12, 14, 21 and 25 have already been released as they have completed 14 years of imprisonment including remission. The details of 17 life convicts, i.e. Sl.Nos.1, 3, 4, 9, 10, 11, 13, 15, 16, 17, 18, 20, 22, 23, 24, 26 and 27, out of the remaining 18 life prisoners, who have completed imprisonment of 14 years and above were furnished to the Jail Advisory Board and the Board in turn considered the details thus furnished in its meeting held on 8.6.2010 for their release. The final decision is yet to come. One life convict No.4510 by name Jose (Sl.No.19), was transferred to Central Prison, Viyyur earlier on his request. The name and details of the above convict Sri.Jose was also placed before the Jail Advisory Board WPC 6229/10 6 meeting held on 16.5.2010 at Viyyur Central Prison for considering his release as he has already completed 14 years of imprisonment and the decision on his matter also is yet to come. 13. It is submitted that out of 23 life convicts referred in Annexure-III communication relating to Open Prison, Cheemeni, Kasaragod, 12 prisoners, Sl.Nos.1, 2, 3, 6, 9, 12, 15, 16, 17, 19, 21 and 23, were already released as they completed 14 years of imprisonment including remission. Out of the remaining 11 life prisoners one prisoner by name Raveendran, Convict No.9 (Sl.No.7) expired on 1.7.2009. The details of 5 life convicts, i.e., Sl.Nos.4, 5, 10, 11 and 18, who have completed 14 years of imprisonment, have been placed before the Jail Advisory Board for their release. The proceedings in respect of them are pending consideration before the Government. The remaining 5 prisoners, i.e., Sl.Nos.8, 13, 14, 20 and 22 are still continuing detention as they have not completed 14 years of imprisonment. 14. It is submitted that out of 5 life convicts referred in Annexure-III communication relating to Women's Prison, Neyyattinkara, Convict No. 388 Saramma (Sl.No.1) was released on completion of 14 years of imprisonment including remission. Life Convict No.439 Vijayamma (Sl.No.2) was transferred to Central Prison, Thiruvananthapuram on her request due to medial reason as early as on 23.6.2009. Convict Nos.454, 462, 504, Devaki, Sajimol and Lakshmi (Sl.Nos.3, 4, and 5) are still undergoing imprisonment since they have not completed imprisonment of 14 years. WPC 6229/10 7 3. In the light of the statement, no action is warranted. Suo motu proceedings is closed. 4. Along with the suo motu proceedings, two complaints received from Life Convict No.1483 Surendran, who is undergoing imprisonment in Central Prison, Thiruvananthapuram, alleging that his case is not being considered, were also placed. Said Surendran is Sl.No.15 in the list of life convicts of Central Prison, Thiruvananthapuram, produced in the petition. Paragraph 8 of the statement shows that his case was also considered and he was not released as the Jail Advisory Board held on 19.10.2009 declined to release him along with some other prisoners. In such circumstances, no action is warranted in the complaints received from convict Surendran. Petition is disposed. 31st August, 2010 (M.Sasidharan Nambiar, Judge) tkv