Vague Adverse Police Reports Cannot Be Basis For Denying Statutory Claim For Ordinary Leave To Convict: Kerala HC

The Court noted the “purposeful denial of leave” by the authorities and declared that the accused (petitioner) convicted of patricide was entitled to the grant of ordinary leave under the Kerala Prisons and Correctional Services (Management) Act, 2010 (the Act).

A Single Bench of Justice Bechu Kurian Thomas observed, “These reasons are repeatedly and mechanically seen mentioned in many police reports whenever an adverse report is given. Such obscure statements are not based on any objective consideration and are not specific to the particular individual. Vague reports that are adverse to a convict while seeking ordinary leave, cannot be the basis for denying him his statutory claim for an ordinary leave.”

The petitioner appeared in person, while Sr. GP P. Narayanan represented the respondents.

The petitioner was convicted for the offence of patricide and sentenced to life imprisonment in 2018. Despite having already served over six years, he had been denied ordinary leave, which he claimed was being denied without any lawful reasons.

The petitioner alleged that the District Probation Officer had recommended the grant of ordinary leave for him, but the police reports were unfavourable without any reason. The main contentions urged by the petitioner related to the denial of ordinary leave to him for the last more than six years on the basis of adverse police reports.

After perusing the police report, the Court stated that the reasons stated therein were vague and did not reflect any specific adverse instances for denying ordinary leave to the petitioner. “The hollowness of the police report is glaring,” the Court remarked.

The Bench discussed that granting ordinary leave to convicts aided in their “rehabilitation and re-socialisation.” The Court stated that a Jail Superintendent was bound under the Kerala Prisons and Correctional Services (Management) Rules, 2014 (Rules) to give a recommendation on the application referring to the character of the prisoner in jail.

The Court noted that the petitioner had not been granted leave even once in the last six years of his imprisonment. “It is incongruous for the respondents to allege that there could be a law and order situation if petitioner is released on ordinary leave when such incidents were not reported, while he was on bail,” the Bench stated.

“The vagueness of the police report and the significance of the probation officer's report assumes relevance in this context. It needs no further discussion to come to the conclusion that petitioner has been subjected to discriminatory treatment by denying him ordinary leave for long periods on assumptions and surmises,” the Court remarked.

Consequently, the Bench held, “Connecting with family and society can reduce the chances of recidivism and rekindle a sense of purpose in a convict…Considering all the above aspects, this Court is of the view that there has been a purposeful denial of leave to the petitioner, all along.”

Accordingly, the High Court allowed the petition to the extent of granting the petitioner ordinary leave.

Cause Title: Allen Skariah Thomas @ Allen Thomas @ Cyril v. The Chief Secretary & Ors. (Neutral Citation: 2024/KER/55515)

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