Latest news with #KeralaPrisonsandCorrectionalServices(Management)Act
New Indian Express
4 days ago
- Politics
- New Indian Express
Kannur jailbreak reveals negligence among top officials of prisons dept
THIRUVANANTHAPURAM: Though the jailbreak of Govindachamy has raised questions on the safety aspects of prisons, equally glaring is the lethargy of senior officers of the Prisons Department. Highly-placed sources said senior officials, starting from Prisons Department Director General Balram Kumar Upadhyay, have been turning a blind eye towards the daily monitoring of the functioning of the prisons. As per the Kerala Prisons and Correctional Services (Management) Act, the Prisons DG should visit the central prisons and the high-security prison once every six months. This practice helps the DG personally take stock of the security situations inside the prisons and suggest measures to address them. However, the incumbent DG has been reluctant to visit prisons, sources said. The central prisons, open prisons, women prisons and the high-security prison have jail advisory boards that meet every six months. The norm that was keenly followed earlier was that the DGs would go the prisons to take part in the advisory board meetings so that both purposes- attending the meeting and jail visit- were served. However, in the case of the incumbent DG, he prefers attending the meetings, which are held offline, online.
News18
26-06-2025
- News18
'Justice Needs Human Touch': Kerala HC Grants Escort Parole To Death Row Convict To Visit Ailing Mother
"Justice, without the soft hand touch of humanity, compassion, and empathy, is not justice," the single judge bench said. In a judgment underscoring the role of humanity in justice delivery, the Kerala High Court has granted escort parole to a death row convict to visit his bedridden 93-year-old mother, despite clear legal provisions barring such relief for those sentenced to death. The single-judge bench of Justice PV Kunhikrishnan, while passing the judgment, remarked that although the convict is accused of a brutal murder committed in front of the victim's wife, child, and mother, the court cannot adopt an equally inhuman stance. 'Justice, without the soft hand touch of humanity, compassion, and empathy, is not justice. But humanity, compassion and empathy are matters of judicial discretion which is to be used based on the facts and circumstances of each case," the Court observed, adding that India does not follow the doctrine of 'an eye for an eye, a tooth for a tooth." 'Our country known for its humanity, compassion, and empathy while delivering justice. It is the duty of the constitutional court to see that the fundamental needs and basic rights of a prisoner is protected till the sentence is finally executed," the Single Bench said. Facts of the Case The convict had appealed his conviction by the Sessions Court, which had awarded him the death sentence. His wife had approached the High Court after prison authorities denied her request for escort parole, citing Section 42 of the Kerala Prisons and Correctional Services (Management) Act and Rule 339(2) of the Rules framed under it, which bar such concessions to death convicts. Despite this statutory bar, the Court held that constitutional principles and fundamental rights demand a humane approach, especially when the prisoner seeks to see his dying mother. 'If anybody said that the prisoner's request is like the words of 'a wolf in sheep's clothing,' they cannot be blamed. But a court of law cannot take an inhuman stand like the prisoner who orphaned the kith and kin of the victim," the Court said. The High Court emphasised that until a sentence is finally executed, a convict remains entitled to basic rights and dignity. Accordingly, the Court directed prison authorities to grant escort parole to the convict and allow him to spend at least six hours with his mother under strict police supervision. 'Necessary arrangement shall be made by the District Police Chief (Thiruvananthapuram City) for granting escort parole to the petitioner's husband forthwith," the Court added. First Published: June 26, 2025, 15:48 IST
