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Thrissur Law Firm
P.A. SIVARAJAN & SHANOJCHANDRAN.E, ADVOCATES
‘Mugal’, East of District Panchayath Office, Ayyanthole,
Thrissur - 680 003,
Ph. +91487 - 236 1912, Mob: 94479 70436
E-mail:- thrissurlawfirm@yahoo.com; adv_siva@yahoo.in
LEGAL NOTICE
Date: 09.08.2011
To
Mr. Ommen Chandy
Chief Minister of Kerala
Secretariat, Thiruvananthapuram
Kerala
Under instructions from our client, Mr. Mahesh Mohan, Law Student, Delhi
University, Resident of 3 / 42 B, IInd floor, Mothi Nagar, New Delhi-110015 hailing
from Kerala, we do hereby issue the following legal notice to you for the violation of
the Oath to the office of Chief Minister and acts of favouritism carried out by you in
the capacity of the Chief Minister of Kerala by releasing Mr. R. Balakrishna Pillai
(CONVICT NO. 5990 Central Prison, Thiruvananthapuram) in violation of the
provisions of Kerala Prison Rules 1958 and other relevant laws.
Our client states that you have directed to release the convict on
05.08.2011 by the way of a Special Government Order, without any valid reason or
explanation using your position as a Chief Minister in favour of your close friend and
father of your cabinet colleague Mr. K.B. Ganesh Kumar, the sitting MLA of
Pathanapuram and the present Minister for Forests and Environment, Sports and
Cinema in the Government of Kerala. The Convict is a leader of Nair Service Society
and is one of the UDF’s founder members. He is usually a key organiser of UDF
election campaigns. In addition the Convict No.5990 also has a strong family backing
in the bureaucratic circles. His daughter, Mrs.Usha is married to K Mohandas, a
senior IAS Officer who is Secretary to the Government of India. Mrs. Bindu is married

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to T Balakrishnan, IAS, who is Additional Chief Secretary (Industries) with the
Government of Kerala and they also have considerably influenced you to violate the
provisions of law.
You are aware that the Convict is currently undergoing rigorous
imprisonment of one year after being convicted by the Supreme Court in the
Idamalayar graft case. The Supreme Court confirmed the sentence passed by Special
Judge Idamalayar Investigations Eranakulam in C.C. 1 of 1991 under Section 120-B,
and 409 of Indian Penal Code and Sections 5(1)(c) and 5(2) of the Prevention of
Corruption Act,1988, on 10th February 2011 . The Convict was sentenced to one-
year imprisonment for abusing his position in the award of contract for the
Edamalayar hydroelectric power project. An apex court bench of Hon’ble Justices P.
Sathasivam and B.S. Chauhan reversed the Kerala High Court judgment which
acquitted all the three. The apex court while allowing appeal also imposed a fine of
Rs. 10,000 on each of the three convicts.
You are also aware that the present order of conviction was the result of a
long legal battle waged by former Kerala Chief Minister Shri. V.S. Achuthanandan. As
minister for power, the Convict had awarded contracts for construction of a power
tunnel and surge shaft in the Idamalayar hydroelectric project at extraordinarily high
rates. It led to a revenue loss of Rs. 2 crore to the Kerala State Electricity Board.
Thereafter, the Convict surrendered on 19th February 2011 and was sent to
Poojappura Central Jail when the court issued Non- Baillable Warrant.
Our client further states that even though, the Hon’ble Supreme Court had
convicted your friend to rigorous imprisonment, because of your interference there
was nothing rigorous about the sentence he served. He was permitted food from
home, and was provided with a coat, bed, mosquito repellent, even an air cooler in
violation of the provisions of law. It is also to be noted that the Kerala Prison Rules,
specifically bars ‘A -Class’ facilities (special food and amenities, jail uniform not
compulsory, etc.) to those convicted for corruption. Our client further states that he
was permitted to use his personal mobile phone (+919447155555) from the prison
and had been in constant touch with you and other Cabinet Ministers and
bureaucrats throughout his confinement.
It is further brought to your notice that under Rule 452 of Kerala Prisons
Rules, two types of leaves are available, ordinary and emergency. Rule 453 provides

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for ordinary leave. Under Sub Rule (1), well behaved prisoners sentenced to
imprisonment for one year and above and who have served out actually 1/3rd of
the sentence or two years, whichever is less, are eligible for ordinary leave. Under
clause (d) every petition for leave under the rules shall be accompanied with a
report from the Sub Inspector of Police concerned, on the repercussions on the law
and order situation, if the prisoner is released on leave, particularly his own safety as
well as that of others, the possibility if any, of the prisoner absconding, instances of
previous misconduct on his part when on leave earlier and all such other relevant
points. The Superintendent of the Jail shall give his specific recommendation with
due reference of the conduct of the prisoner in prison, his previous history in
relation to leave, possibility of his absconding and also the aggregate number of
days of leave he has already enjoyed. Under Sub Rule (2) of Section 453, ordinary
leave shall be granted up to a maximum of thirty days at a time. Under Sub clause
(iv) of clause (h), prisoners suffering from unsoundness of mind or contagious
diseases are not eligible for leave. The note there under provides that in the case of
prisoners mentioned in the above item, eligibility should be decided in accordance
with the opinion of the Medial Officer attached to the prison.
Chapter 26 of the Rules with respect to leave specifies only two kinds of
leave i.e. emergency and ordinary. As per the above rules the maximum period of
emergency leave at a stretch is only for a period of 15 days and the ordinary leave up
to a maximum of 30 days at a time vide Rule 453. Rule 452 B also provides that a
prisoner once released on leave of any kind will not be eligible for a subsequent
release on leave until the completion of six months of actual imprisonment to be
counted from the date of his last return from leave. Emergency leave in Rule 455 is
an exception to this as the same is confined to 15 days as noted above and the
grounds are death or serious illness of a near relative.
Our client further state that despite the above mentioned provisions of law,
the Convict who is a part of the ruling UDF in Kerala is supposedly serving a one-year
rigorous imprisonment sentence for corruption has been out of jail for about 75 days
out of 169 days served. At the time of poll campaign the UDF openly declared that if
the front comes to power you will release the above named Convict from the jail.
Soon after the polls, the Convict was released on ‘emergency parole’ to
nurse his sick wife. Thus on 20th April, after 60 days of prison life, the Convict
emerged from prison in full media glare and had a traditional feast at home with his

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‘sick wife’ in the presence of television cameras. The Convict was served a notice by
the additional DGP of jail administration for violating parole conditions by talking to
the media. Thereafter, the Convict was granted 10 days of parole but extended it by
another 12 more days. The Convict reported to prison on 11th May and was again
granted after a week for another 10 days of parole. And it was widely reported in
media that the Convict had refused to accept conditional parole, which would bar
him from public speaking. Your government obliged, and granted unconditional
parole as desired by the convict. On the morning of 19th May, the Convict came out
of Poojappura central jail, stepped into his BMW, went home, met UDF leaders,
visited the Nair Service Society headquarters, held discussions with NSS leaders and
offered floral tributes at the samadhi of Mannathu Padmanabhan, a prominent
leader of the Nair community. This time too, while his parole was for 10 days, he
spent 23 days outside by getting further extension.
That you as the Chief Minister of Kerala in charge of the Department of Home
and Prison had acted beyond your powers to grant parole of more than the
maximum permitted number of days for a prisoner convicted to one year of
imprisonment in order to oblige a coalition ally and a senior member of UDF, which
is a clear violation of your Oath to the office of Chief Minister. It is further alleged
that, you have abused your official power and position as a ‘Public servant’ by
willfully committing an act in contravention of law in force with an intention to show
undue favour to a Convict for illegal gratification. This act of yours has seriously
tarnished the esteemed office of the Chief Minister.
It is also brought to your notice that you in your position as Chief Minister of
Kerala with additional charge of the Department of Home and Prison had acted in
favour of Convict No. 5990 to protect your Ministry and to ensure the support of the
Convict’s party and followers to your ministry. It is also stated that you have acted to
the tune of Mr. K.B. Ganesh Kumar who is a Minister in your Cabinet and Mr.
T.Balakrishnan Additional Chief Secretary for political gains.
That, it has also come to our notice that the Convict has been granted special
leave for treatment against the provisions of law and that the same was
unwarranted, as the home page web portal of Kerala Prisons claims that it is
equipped to provide wholesome and hygienic food to prisoners in addition to
Specialty and Super Specialty Medical Care to prisoners lodged in jails. Even though
Government hospitals including the Medical College, Trivandrum in the capital city of

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Kerala are well equipped to meet any medical emergency, the Convict was permitted
by means of a special G.O to seek Five Star treatment in a renowned private hospital
equipped and specialised to cater to such needs of the Convict.
Our client states that Kerala Pradesh Congress Committee President, your
Cabinet colleagues, leaders of the ruling United Democratic Front visited the convict
in jail and at his residence while he was on parole and assured that he will not be
sent back to the jail. For endorsing the same you also visited his house few days
before the Special Government Order in full media glare.
Our Client further states that the treatment provided to the Convict in a
private hospital could only be viewed as strategy to neutralise the sentence by the
elected machinery of the state which is bound by the Constitution to execute the
sentence handed down by the courts. It is unbecoming of an elected Government to
resort to illegal measures to release a convict before completing the term.
Our client further stated that, he is respecting the rights available to the
convict including the right for medical treatment within the parameters of Kerala
Prison Rules and you are entitled to issue a special order if the necessary treatment
is not available inside the Prison or any other Government Hospitals in the state of
Kerala. Interestingly, the convict was never admitted in any hospital while he was on
parole for 75 days in the course of his imprisonment. In the visuals available with the
media the public has witnessed that there is no contagious disease to the convict
which warrants his immediate hospitalisation in FIVE STAR HOSPITAL of his choice. It
is also a matter of public knowledge that the Convict had undergone an ayurvedic
massage at his residence during his last parole which alone was the treatment he
availed during the entire period of his alleged imprisonment.
It is further stated that you as the Chief Minister of the State of Kerala had
acted over the board to ensure the safety, tenure and existence of your Ministry
which is running on a slender majority this inter alia amounts to receiving illegal
gratification in the form of support to your ministry as a motive or reward for doing
an official act in the exercise of your official functions.
You are hereby informed that your act amount to corrupt practices as
defined in Prevention of Corruption Act 1988 and that you have flagrantly violated
the positive direction and conviction order issued by the Hon’ble Supreme Court in

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Criminal Appeal No.350 of 2006 whereby it confirmed the conviction and sentence
passed by Special Judge
Idamalayar Investigations Ernakulam in C.C. 1 of 1991 under Section 120-B,
and 409 of Indian Penal Code and Sections 5(1) (c) and 5(2) of the Prevention of
Corruption Act, 1988, on 10th February 2011 and reduced sentence for one year
rigorous imprisonment and fine Rupees 10,000/- . You are duty bound to keep the
convict inside the prison as per law.
In the above circumstances we hereby call upon you to withdraw the said
Government Order with immediate effect and to and send the convict to the prison
and constitute a Medical Board including specialist Doctors of high repute from
outside Kerala to conduct an independent examination and to suggest the necessary
treatment to the Convict and to ascertain whether the treatment for the alleged
ailment is available inside the Prison or in the Govt. Hospitals in Kerala. It is further
direct that you may refrain from initiating any act of favouritism towards Convict No.
5990 and to treat him at par with other Prisoners in conformity with the Kerala
Prison Rules, failing which, we have instructions to initiate appropriate legal action
against you under the provisions of Prevention of Corruptions Act 1988 and also
under Contempt of Court Act before the Hon’ble Supreme Court.
Dated this the 9th day of August, 2011
P.A.SIVARAJAN, ADVOCATE