Dismissed

Eliamma Samuel v. State of Kerala

Kerala HC20 Mar 2023WP(C)/4986/2023

Case brief

AI extract

What is this about?

Petitioner, wife of a convicted inmate, challenged the inaction of the Chief Secretary regarding her husband's premature release request. The Court directed the Chief Secretary to forward the representation to the Jail Advisory Board for consideration within 15 days and mandated the Board to decide within three months, dismissing the writ petition thereafter.

What did the court decide?

Directed the Chief Secretary to forward the representation to the Jail Advisory Board within 15 days; the Board to decide within three months.

Eliamma Samuel Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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MONDAY, THE 20TH DAY OF MARCH 2023 / 29TH PHALGUNA, 1944

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WP(C) NO. 4986 OF 2023

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PETITIONER:

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ELIAMMA SAMUEL
AGED 60 YEARS

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W/O. SAMUEL, KIZHAKKETHIL VEEDU, VANIYANPARA P.O.,
PRESENTLY RESIDING AT ELANAD, VENNUR P.O., THRISSUR
DISTRICT., PIN - 680587
BY ADV BOBBY RAPHEAL.C

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE SUPERINTENDENT, CENTRAL PRISON, VIYYUR, THRISSUR., PIN - 680001 BY ADV GOVERNMENT PLEADER

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OTHER PRESENT:

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PP- SRI.NOUSHAD K.A

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4986 OF 2023

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BECHU KURIAN THOMAS, J.

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W.P.(C) No.4986 of 2023

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Dated this the 20^th day of March, 2023

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JUDGMENT

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Petitioner is the wife of convict No.734. He alleges that he has been undergoing custody for the last 14 years having been convicted in S.C.No.73/1995 of Sessions court, Palakkad as well as in S.C.No.348/2008 of Additional Sessions Court Fast Track -I Thrissur. Petitioner has already undergone more than 14 years of incarceration and seeks for premature release and has submitted a representation to the 1st respondent.

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According to the petitioner, despite, submitting Ext.P2 representation on 10-1-2023, the 1^st respondent has not initiated any action to dispose of the representation.

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The learned Public Prosecutor upon instructions pointed out that last year also, petitioner had made a request for premature release and the Jail Advisory Board, which is the competent authority to consider the request had rejected his application, by its order dated 11-04-2022. Even before the expiry of one year, petitioner has now sought for the same relief. It was however submitted that the representation has to be considered by the Jail Advisory Board and not by the 1^st respondent.

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WP(C) NO. 4986 OF 2023

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Having considered the submissions made across the Bar by the learned counsel for the petitioner as well as the learned Public Prosecutor and on a perusal of the minutes of the Jail Advisory Board on 11-04-2022, I am satisfied that the application filed by the petitioner ought to be considered by the Jail Advisory Board.

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Accordingly, I direct the 1^st respondent Chief Secretary to forward Ext.P2 to the Jail Advisory Board, which is scheduled to commence its sitting on April 2023. The request of the petitioner shall be forwarded without further delay, at any rate, within a period of 15 days from today. The Jail Advisory Committee is also directed to consider the request of the petitioner, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of the judgment.

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The writ petition is dismissed.

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Sd/-

BECHU KURIAN THOMAS

JUDGE

AJM

WP(C) NO. 4986 OF 2023

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APPENDIX OF WP(C) 4986/2023

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PETITIONER EXHIBITS
Exhibit P-1TRUE COPY OF IMPRISONMENT CERTIFICATE
DATED 30.12.2022 ISSUED BY THE 2ND
RESPONDENT
Exhibit P-2TRUE COPY OF THE REPRESENTATION DATED
10/1/2023 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P-3TRUE COPY OF THE ACKNOWLEDGMENT CARD
DATED 30/1/12023 FOR RECEIPT OF EXHIBIT
P-2 REPRESENTATION

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//TRUE COPY//

Eliamma Samuel v. State of Kerala

Case brief

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Eliamma Samuel v. State of Kerala

Case brief

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