KOCHI: Kerala High Court has held that the release of prisoners for temporary periods is part of the reformative process and provides an opportunity for the prisoner to transform himself into a useful citizen.
Justice Bechu Kurian Thomas said, “Parole or leave is a measure to grant partial liberty, though such a release does not change the status of the prisoner.” The court issued the order on a petition filed by a convict in the Thiruvananthapuram Central prison seeking a grant of ordinary leave to him and a declaration that he is entitled to parole.
The petitioner submitted that he is being denied leave at the instance of Muhammed Nisham, a convict. The petitioner said he is being subjected to severe atrocities, arbitrary treatment and prejudicial proceedings under Nisham’s influence.
The court said that a convict is eligible for 60 days of leave every year, and at one stretch the leave should not be less than 15 days and not more than 30 days provided the police report and probationary officer’s report are favourable. Leave can be denied only if the convict has been regarded as dangerous and those who have committed serious jail offences.
The court found that there has been an attempt to deliberately deny leave to the petitioner. The action is to create an impression that the petitioner is not a well-behaved person. The procedure adopted is illegal, the court said.