Contempt case filed against prison authorities for alleged non-compliance of directions regarding parole consideration. The court accepted the respondents' affidavit showing the matter was considered and rejected. The case was closed without findings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
MONDAY, THE 22ND DAY OF JANUARY 2024 / 2ND MAGHA, 1945
CON.CASE(C) NO. 2373 OF 2023
CRIME NO.448/2011 OF CHINGAVANAM POLICE STATION, KOTTAYAM
AGAINST THE JUDGMENT DATED 16.11.2022 IN
WP(Crl.)NO.1044/2022 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER IN WP(CRL.):
ASHLY SOMAN @ MONICHEN, AGED 44 YEARS
S/O. SOMAN, KUNNEL VEEDU, PULINJUVADU BHAGOM,
VELLUTHURUTHY KARA, PANACHIKKADU VILLAGE, KOTTAYAM
DISTRICT, PIN – 686533 PRESENTLY INMATE OF CENTRAL
PRISON, POOJAPPURA, THIRUVANANTHAPURAM, PIN-695012
(C.NO.2662), POOJAPPURA CENTRAL PRISON.
BY ADVS.S.SAJU
SWETHA.S.
NAINA FAHIMATH M.S.
RESPONDENT NO.3/3RD RESPONDENT IN WP(CRL.):
1 DR.V.VENU, AGE AND FATHER’S NAME NOT KNOWN, THE CHIEF SECRETARY OF THE STATE OF KERALA, THIRUVANANTHAPURAM, PIN - 6950012 BALRAM KUMAR UPADHAYAY, AGE AND FATHER’S NAME NOT KNOWN, DIRECTOR GENERAL OF PRISONS & CORRECTIONAL SERVICESPRISON HEADQUARTERS, POOJAPPURA, THIRUVANANTHAPURAM,, PIN - 6950123 D. SATHYARAJ, AGE AND FATHER’S NAME NOT KNOWN, SUPERINTENDENT OF CENTRAL PRISON, POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012SMT RASHMI K.M- SR GOVERNMENT PLEADER
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Cont.Case (C)No.2373 of 2023
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.01.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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Cont.Case (C)No.2373 of 2023
JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this Contempt Case invoking the provisions under Section 12 of the Contempt of Courts Act, 1971, alleging wilful disobedience of the directions contained in Annexure 1 judgment dated 16.11.2022 in W.P.(Crl.)No.1044 of 2022, whereby that writ petition was disposed of with certain directions. Paragraph 8 of that judgment reads thus;
“8. Recording the abovesaid submissions of both sides, it is ordered that the Jail Level Advisory Board under the Chairpersonship of the 2nd respondent-Director General of Prisons & Correctional Services will ensure that the plea of the petitioner for grant of parole is considered in the next meeting of the Jail Level Advisory Board, in accordance with the norms and Rules and decision shall be taken thereon regarding the nature of the recommendations they have to make to the Government on the plea of the petitioner for grant of parole. Formal steps in that regard shall be duly completed by the 2nd respondent, without any further delay.”
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Cont.Case (C)No.2373 of 2023
was decided to reject the request for parole. The learned Senior Government Pleader sought a short adjournment. The learned counsel for the petitioner sought time to file an affidavit on behalf of the petitioner.
“12. In compliance of judgment dated 16.11.2022 in WP(Crl.)No. 1044 of 2022 of this Honb'le Court, the case of C.No.2662 Ashly Soman was placed before the Prison Advisory Board Meeting held on 16.12.2022 at Prison Headquarters, Thiruvananthapuram. The Prison Advisory Board discussed his case in detail and had taken a considered decision not to recommend his case for ordinary leave on account of criminal antecedents of the prisoner. Thus, it is humbly submitted that the judgment dated 16.11.2022 in WP(Crl.)No.1044/2022 of this Hon'ble Court was complied with in letter and spirit without undue delay. 13. Subsequently, Order No.G.O.(Rt.)No.521/2023/HOME, dated 01.03.2023 was received in this office on 04.03.2023 granting leave to 22 prisoners as recommended by the Prison Advisory Board. Soon on receipt of copy of the Government Order vide Letter No: WP1-30418/2022/PrHQ, dt: 04.03.2023, of Director General of Prisons & Correctional Services, the petitioner herein was orally informed of the content of Government Order. Subsequently, on 08.03.2023 the prisoner again submitted an application dated 08.03.2023 for granting ordinary
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Cont.Case (C)No.2373 of 2023
leave. A true copy of application submitted by the petitioner dated 08.03.2023 is produced herewith and marked as Annexure R3(a). Accordingly, a fresh enquiry report was sought from District Police Chief Kottayam, on 09.03.2023 vide Letter No:CP-5/42/2662/2023, dated 09.03.2023.
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Cont.Case (C)No.2373 of 2023
and the Board did not recommend his case for Ordinary Leave.
| Sl. No. |
Case No. |
Name of Court | Under Section | Remarks |
|---|---|---|---|---|
| 1 | CC 1868/17 | Hon’ble JFCM-I, Kottayam |
20(b)(ii)(A) of NDPS Act |
Convicted and sentenced to RI for 1 months on 06.06.2022 |
| 2 | CC 2758/17 | Hon’ble JFCM-I, Kottayam |
20(b)(ii)(A) of NDPS Act |
Convicted and sentenced to pay fine Rs.10,000/- i/d SI for 10 days on 02.03.2020. Fine amount remitted on 12.06.2020 |
| 3 | CC 948/18 | Hon’ble JFCM-I, Kottayam |
20(b)(ii)(A) of NDPS Act |
Convicted and sentenced to pay fine Rs.8,000/- i/d RI for 30 days on 23.09.2022. Fine amount remitted on 28.10.2021 |
| 4 | CC 1911/17 | Hon’ble JFMC-I, Changanachery |
20(b)(ii)(A) of NDPS Act |
Convicted and sentenced to SI for 15 days on 28.01.2022. Set off more than sentence |
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Cont.Case (C)No.2373 of 2023
| 5 CC 2854/16 |
Hon’ble JFCM-I, Changanachery |
20(b)(ii) of NDPS Act |
Convicted and sentenced to pay |
|---|---|---|---|
| fine Rs.5,000/- i/d | |||
| SI for 10 days on | |||
| 24.10.2019. Fine amount remitted on 12.06.2020 |
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Cont.Case (C)No.2373 of 2023
1985 are not eligible for any kind of leave. The above Contempt Case filed against respondents are on baseless grounds and without any substance. There is no willful disobedience/laches or delay in complying the Judgment of the Hon'ble Court. In the above stated circumstances, the Contempt Petition is devoid of any merit and it is liable to be dismissed. It is prayed that this Hon'ble Court may be pleased to pass orders accordingly.”
it is submitted on behalf of the learned counsel for the petitioner that, in view of the aforesaid stand taken in the affidavit filed by the 3rd respondent, this Contempt Case can be closed.
Recording the above submission, this Contempt Case is closed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
SOPHY THOMAS, JUDGE
AV/23/1
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Cont.Case (C)No.2373 of 2023
APPENDIX OF CON.CASE(C) 2373/2023
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE JUDGMENT DATED
16.11.2022 IN W.P ( CRL) 1044/2022 OF THIS
HON'BLE HIGH COURT KERALA
RESPONDENT ANNEXURES
Annexure R3(a) A TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER DATED 8.3.2023.
Annexure R3(b) TRUE COPY OF THE STATEMENT OF DIRECTOR
GENERAL OF PRISON DATED 30.5.2023.
Annexure R3(c) A TRUE COPY OF ORDER NO G.O.(P)
NO.62/2023/HOME DATED 14.7.2023.
Annexure R3(d) A TRUE COPY OF ORDER NO B1/245/2023/HOME
DATED 7.9.2023.
Ashly Soman @ Monichen
V.Venu
Balram Kumar Upadhyay
D. Sathyaraj
Anil K. Narendran
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court