Kerala HC Orders State to Form Prison Monitoring Committee Within a Fortnight After Retired Judge Withdraws Consent
The Kerala High Court directed the Additional Chief Secretary, Home Department, to constitute the State Level Monitoring Committee within a fortnight, after the State’s delay caused a retired judge to withdraw his consent to chair it.
A Division Bench of the High Court of Kerala, led by Chief Justice Soumen Sen and Justice Syam Kumar V.M., on 29 June 2026 directed the Additional Chief Secretary to the Government of Kerala, Home (B) Department, to constitute the State Level Monitoring Committee within a fortnight. The direction came in a suo motu writ petition initiated by the High Court itself. The State’s failure to set up the committee had already caused the nominated chairperson — retired Justice R. Narayana Pisharadi, a former Judge of the High Court of Kerala — to withdraw his consent. The bench also directed the Government to file a response to a report submitted by the Kerala Legal Services Authority (KeLSA) on overcrowding in Correctional Homes.
The Committee, the Nomination, and the Withdrawal
Counsel for KeLSA, Mr. Anil Bhaskar, informed the bench that the Executive Chairman of KeLSA had earlier nominated retired Justice R. Narayana Pisharadi as Chairperson of the State Level Monitoring Committee. The nomination was made in connection with directions issued by the Supreme Court in W.P.(C) No. 1082 of 2020 by order dated 26 February 2026.
However, the State did not constitute the committee within a reasonable time. Because of this delay, retired Justice Pisharadi withdrew his consent to serve as Chairperson. The bench recorded that, in view of the State’s failure, it would be difficult to comply with the Supreme Court’s directions.
Directions Issued by the Division Bench
The bench directed the Additional Chief Secretary to Government, Home (B) Department, Government Secretariat, Thiruvananthapuram, to constitute the State Level Monitoring Committee within a fortnight from 29 June 2026, in accordance with the Supreme Court’s directions in W.P.(C) No. 1082 of 2020.
The bench also addressed the vacancy at the head of the committee. It requested retired Justice Pisharadi to reconsider his decision to withdraw consent, expressing that it was hopeful the State would constitute the committee within the time granted.
Separately, the Government was directed to file a response to the KeLSA report on the issue of overcrowding in Correctional Homes. The bench listed the matter for further hearing on 13 July 2026.
Outcome
The Additional Chief Secretary, Home (B) Department, is directed to constitute the State Level Monitoring Committee within a fortnight from 29 June 2026. The Government must also file its response to the KeLSA report on prison overcrowding. Retired Justice R. Narayana Pisharadi has been requested to reconsider his withdrawal of consent to chair the committee. The case is next listed on 13 July 2026.