{"id":345755,"date":"2025-04-14T12:00:02","date_gmt":"2025-04-14T06:30:02","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=345755"},"modified":"2025-04-18T09:48:58","modified_gmt":"2025-04-18T04:18:58","slug":"kerala-high-court-grants-15-days-parole-mohammed-nisham-security-guard-murder","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/04\/14\/kerala-high-court-grants-15-days-parole-mohammed-nisham-security-guard-murder\/","title":{"rendered":"Kerala High Court grants 15 days parole to businessman Mohammed Nisham, serving life sentence in security guard murder case"},"content":{"rendered":"
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Kerala High Court:<\/span> In a writ appeal filed challenging the judgment passed by the Single Judge, wherein it rejected the prayer for granting parole to the husband of the appellant, a Mohammed Nisham prisoner, undergoing his life sentence at the Central Prison and Correctional Home in a 2015 case of killing a security guard by running over him, the division bench of Raja Vijayaraghavan V*<\/span> and P. V. Balakrishnan, JJ. set aside the judgment passed by the Single Judge and directed the competent authority to grant parole to the Mohammed Nisham for a period of 15 days, subject to such conditions as the authority deemed fit and proper.<\/p>\n

The Court noted that there is no dispute regarding the fact that the Mohammed Nisham has been undergoing life imprisonment since 2015. He has been granted parole only for a few days on three separate occasions. The appellant, who is the wife of the Mohammed Nisham, sought in her Writ Appeal the release of her husband on parole for a period of 30 days.<\/p>\n

The Court further noted that Section 36 of the Kerala Prisons and Correctional Services (Management) Act, 2010 (‘Act, 2010’) addresses the Rights of prisoners. It states that, subject to the provisions of any law in force and conditions prescribed, all prisoners are entitled to:<\/p>\n

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  1. \n

    The right to live with human dignity;<\/p>\n<\/li>\n

  2. \n

    Adequate diet, health and medical care, hygienic living conditions, and proper clothing;<\/p>\n<\/li>\n

  3. \n

    The right to communication, including contact with family members and others, subject to prescribed conditions;<\/p>\n<\/li>\n

  4. \n

    Access to due process of law, including legal service and legal aid;<\/p>\n<\/li>\n

  5. \n

    Protection against unlawful aggression or imposition of ignominy not authorized by law;<\/p>\n<\/li>\n

  6. \n

    Protection against unreasonable discrimination;<\/p>\n<\/li>\n

  7. \n

    Protection against punishment or hardship amounting to punishment, except through lawful procedures and with an opportunity for defense;<\/p>\n<\/li>\n

  8. \n

    Information regarding the amenities and privileges available to prisoners under the law.<\/p>\n<\/li>\n<\/ol>\n

    The Court took note of Section 73 of the Act, 2010, which deals with the release on parole. Additionally, Chapter XXX, Rule 397 of the Kerala Prisons and Correctional Services (Management) Rules, 2014, provides for two types of parole: ordinary parole and extraordinary parole.<\/p>\n