Case Note & Summary
The petitioner, Arun Kumar Alva, a 75-year-old prisoner serving sentence in Central Prison, Bengaluru, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash an endorsement dated 28.04.2025 issued by the Chief Superintendent (respondent no.3) rejecting his claim for remission/premature release. The endorsement stated that remission was denied because no work was entrusted to the petitioner in light of the Chief Medical Officer having recorded him as 'Not fit for work'. The petitioner contended that Rule 166(i)(e) of the Karnataka Prison Manual 2021 does not require actual work to be performed; it only requires the prisoner to be willing to work. The Court examined the rule and noted that the requirement is that the prisoner must be willing to work, and if work is not assigned due to medical reasons, the prisoner cannot be penalized. The Court held that the endorsement was arbitrary and illegal, and quashed it, directing the respondents to consider the petitioner's claim for remission afresh in accordance with law, without treating the 'Not fit for work' certification as a disqualification. The petition was allowed.
Headnote
A) Prisons - Remission - Rule 166(i)(e) Karnataka Prison Manual 2021 - Interpretation - The petitioner, a 75-year-old prisoner, was denied remission on the ground that he was declared 'Not fit for work' and no work was entrusted. The Court held that the rule does not require actual work to be performed; it only requires the prisoner to be willing to work. The medical certification of 'Not fit for work' does not bar remission if the prisoner is willing but unable due to health. The endorsement rejecting remission was quashed. (Paras 1-5)
Issue of Consideration
Whether a prisoner who is declared 'Not fit for work' by the Chief Medical Officer is entitled to remission under Rule 166(i)(e) of the Karnataka Prison Manual 2021, even though no work was entrusted to him.
Final Decision
The writ petition is allowed. The endorsement dated 28.04.2025 at Annexure-K is quashed. The respondents are directed to consider the petitioner's claim for remission afresh in accordance with law, without treating the 'Not fit for work' certification as a disqualification.
Law Points
- Remission under Rule 166(i)(e) of Karnataka Prison Manual 2021 is not contingent on actual work being assigned
- 'Not fit for work' medical certification does not disentitle a prisoner from remission if the prisoner is willing to work but work is not assigned due to medical reasons.
