Radhamma C.V vs State Of Kerala And Ors

The prayer in this Writ Petition is for grant of parole to the petitioner's son, who is undergoing life imprisonment at the Central Prison, Kannur,

pursuant to his conviction in S.C.No.281/2010 of the Additional Sessions Court (Fast Track-1), Thiruvananthapuram.

The main ground on which parole is sought is that the Hon'ble Supreme Court had in Suo Moto Writ Petition No.1/2020, issued guidelines regarding

grant of parole to prisoners, following which the Government of Kerala had released larger number of prisoners. It is the contention of the petitioner

that her son is entitled for similar treatment. But that ground does not subsist now, since the High Power Committee appointed by the Government of

Kerala in terms of the directions issued by the Supreme Court had decided that all persons granted parole in view of the pandemic situation should

report back. Further, the Writ Petitions challenging the Government Orders by which prisoners on parole were directed to report back were dismissed

by this Court.

The learned Counsel for the petitioner submits that even otherwise, the petitioner's son is entitled for parole. The entitlement of prisoners for

parole/leave is a matter for the authorities under the Kerala Prisons and Correctional Services (Management) Act and Rules to consider and take a

decision. Such consideration shall be effected and decisions taken in the case of petitioner's son also, provided, an appropriate request in that regard is

pending.

The Writ Petition is disposed off accordingly.