IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 21222 of 2006(S) ------------------------------------- PETITIONER: ------------------ M.R.SETHUMADHAVAN, MANAPPATTU HOUSE, THIRUVAMKULAM, ERNAKULAM. BY ADV. SRI.N.J.MATHEWS SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, THROUGH SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE (PRISONS) GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. UNION OF INDIA, THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, CENTRAL SECRETARIAT, NEW DELHI. *4. AJAYAN OCHANTHURUTH, AGED 39 YRS, S/O. LATE M.K. REGHU, JOURNALIST, MATTAPPILLY HOUSE, OCHANTHURUTH P.O., KOCHI. *ADDL. R4 IS IMPLEADED AS PER ORDER DATED 20/09/2006 IN IA NO. 13231/2006. ADV. SRI. AJITH KRISHNAN, ADDL.CGSC GOVERNMENT PLEADER SRI. NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.PADMANABHAN NAIR, JJ. -------------------------------------- W.P.(C)No.21222 of 2006 ------------------------------------- Dated 14th March, 2008 JUDGMENT Koshy,J . In this writ petition, it is contended that Section 59(1)(5) of the Travancore Cochin Prisons Act, 1950 and section 59(1)(5) of the Prisons Act, 1894 are unconstitutional. These Acts are in force for a long time and acted upon. The Prisons Act was in force for more than a century and five decades are over after Travancore Cochin Prisons Act was framed. Major contention is that even if section 59(1)(5) of the Prisons Act is valid, Chapter 26 of the Prisons Rules including Rules 452- A to 466 (both inclusive) Rules 543 to 548 (both inclusive) are ultra vires. Prisons Rules were substantially changed. After filing of this petition new Prisons Rules were also framed. In these circumstances, without prejudice to the right of the petitioner in challenging the new Prisons Rules and incidentally challenging the provisions of the Prisons Act as is necessary, this writ petition is closed. J.B.KOSHY JUDGE K.PADMANABHAN NAIR JUDGE tks