The Hindu : Front Page : Court asks State to file statement on parole

Online edition of India's National Newspaper
Thursday, Aug 10, 2006

Front Page

Front Page

Court asks State to file statement on parole

Staff Reporter

KOCHI: A Division Bench of the Kerala High Court on Wednesday granted time to the State Government to file a detailed statement regarding the power of the Home Minister and the Cabinet to grant parole to life-term convicts.

The Division Bench consisting of Justices K. B. Koshy and K. Padmanabhan Nair observed that the provision in the Kerala Prisons Rule enabling Home Minister and the Cabinet to grant parole to the convict is prima facie beyond the legislative competence of the State Government.

The Court noted that there is no provision in the Prisons Act enabling the State Government to exercise such a power. Kerala has not effected any amendment in the said Act and therefore the rules, which is contradictory to the parent Act, is prima facie unsustainable.

The Court also directed the Government to produce the entire file relating to the grant of parole to life-time convict Pius, a native of Vaduthala in Ernakulam and a CPI-(M) worker, who has been found guilty in a political murder case and had been sentenced to undergo life imprisonment.

The Division Bench directed the Government to produce the judgment against Mr. Pius, with the exact number of days he had undergone imprisonment and the total number of days he was on parole, including emergency leave and study leave.

The Division Bench on Wednesday also directed the State Government to file an affidavit on a Public Interest Litigation (PIL) filed by M. S. Sethumadhavan, Thiruvankulam, challenging the constitutional validity of the Kerala Prison Rules granting power to Minister and the Cabinet and to release convicts on parole.

PTI adds: Advocate-General C.P. Sudhakara Prasad informed the court that the Government would stand by the notification issued by the previous United Democratic Front Government that stated that the power to grant parole up to a maximum of 45 days is vested with the Home Minister.

Director-General of Prosecutions P.G. Thampy criticised certain reports in Malayalam newspapers in the suo motu proceedings with regard to the case on July 26. He alleged that some newspapers, having a personal vendetta against the Home Minister, had `twisted' observations made by the Court. He urged the Bench to direct them to withdraw the news item. But the Bench said it was examining the legal aspect of granting parole and not the personalities.

Printer friendly page
Send this article to Friends by E-Mail

Front Page