Kerala High Court grants relief to convict who argued his case from jail with "skill and flair"

The Kerala High Court on Wednesday lauded a murder convict for arguing his case from jail via video conference with "skill and flair" [Allen Skariah Thomas @ Allen Thomas @ Cyril v. The Chief Secretary & Ors.].After considering the arguments by convict Allen Skariah Thomas, single-judge Justice Bechu Kurian Thomas extended relief to him by directing the prison authority to release him on 'ordinary leave' as per law. "Petitioner himself argued the case online from the Central Prison, with admirable skill and flair," the Court observed.Rule 397 of the Kerala Prisons and Correctional Services (Management) Rules, 2014 (Rules) deal with grant of ordinary leave to prisoners.As per the Rule, ordinary leave shall not exceed 15 days in a trimester or 30 days in half a year.The Court directed the Director General of Prison and Correction Services to issue orders within two weeks, granting ordinary leave to Thomas in the manner stipulated under Rule 397(b) of the Rules..While declaring that Thomas is eligible for ordinary leave, the Court also highlighted the importance of granting leave to convicts."Connecting with family and society can reduce the chances of recidivism and rekindle a sense of purpose in a convict. Hope and confidence can be byproducts, which may pave the way for the convict's easy infusion into society, thereby creating a chance for the prisoner's reformation, which remains one of the avowed objectives of imprisonment. Denying ordinary leave for long years can have a detrimental effect on the above purpose and can even affect the behaviour of an individual," the Court said. .Thomas was convicted in 2018 for killing his father and sentenced to life imprisonment by a trial court.In the six years he has spent behind bars since then, he was never granted ordinary leave. Thomas argued that his conduct in prison has been good throughout and that he was being denied leave for unlawful reasons. He alleged that due to certain vested interests, his leave application was not even being placed before the Advisory Board for consideration.However, the Prison Superintendent told the Court that Thomas had been abstaining from prison jobs without any reasonable excuse. It was contended that this kind of bad conduct makes him ineligible for leave as per the Kerala Prisons and Correctional Services (Management) Act, 2010. It was also submitted that the Prison Advisory Board as well as the Leave Review Committee refused to grant him bail after considering his case as there were adverse police reports against him. .The Court went through the police report as well but opined that it was extremely vague and obscure. Such vague reports cannot be the sole basis for denying ordinary leave, the Court said. Regarding the Prison Superintendent's contention regarding Thomas's conduct, the Court observed that 'good behaviour' or well-behaved' are terms that have not been defined in the Kerala Prisons and Correctional Services (Management) Act, 2010 despite the terms being used to decide eligibility for leave. "The term well-behaved can denote different things to different persons....In the case of a convict, the expression 'well-behaved' ought not to be viewed rigidly or narrowly, or from the perspective of a free man. Good behaviour has to be therefore approached objectively and in the instant case, it is glaringly evident that the authorities have approached petitioner's request for ordinary leave with subjectivity," the Court explained. Moreover, the Court noted that Thomas had no other criminal antecedents and that the murder of his father was found to have been committed due to the father's aberrant behaviour and engagement in an extra marital affair and domestic violence. The Court further noted that at the time of murder, Thomas had obtained a lateral entry for a B.Tech Course after undergoing a Diploma in Computer Science and was searching for employment after participating in several competitive examinations.It was also noted that there were no law and order issues involving him in the six years that he was out on pre-trial bail. "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 said.Finding that there has been purposeful denial of ordinary leave, the Court declared that Thomas is entitled to the grant of ordinary leave. Accordingly, it directed the Director General of Prisons and Correctional Services to issue orders within two weeks granting Thomas ordinary leave.Public Prosecutor P Narayanan appeared for the State and prison authorities..[Read Judgment]