Kerala High Court Rejects Contempt Plea Over Deferred Leave for Periya Convicts

Earlier conditions had been quashed

The mothers of convicts in the Periya double-murder case initiated contempt proceedings after prison authorities did not grant subsequent ordinary leave. An earlier High Court judgment had removed two conditions: a restriction on entry into the Bekal Police Station area and a bar on releasing more than one co-convict at a time.

The authorities explained that later releases were deferred after the District Police Chief reported renewed political tension, mobilisation of rival groups and threats to the prisoners’ safety and public order.

No wilful disobedience found

Justice G. Girish observed that the authorities had not reimposed the conditions struck down in the earlier judgment. Their later decision rested on a fresh law-and-order assessment. Since contempt requires deliberate and wilful violation of the court’s command, the changed factual basis could not support contempt proceedings. The petition was therefore dismissed without treating the earlier judgment as a permanent direction to release prisoners regardless of subsequent security conditions.