This High Court writ petition sought Habeas Corpus for the premature release of a life convict invoking G.O.(Ms) No.1155. The Court directed respondents to pass appropriate orders for the detenu's release within four weeks.
Directed respondents to pass orders for the release of the detenu within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2018
CORAM
THE HONOURABLE DR.JUSTICE S.VIMALA
AND
THE HONOURABLE MRS.JUSTICE S.RAMATHILAGAM
H.C.P.No.1547 of 2017
Guna @ Gunasekaran .. Petitioner /the Detenue Versus The State Represented by its 1.The Secretary to Government of Tamil Nadu, Home Department, Fort. St. George, Chennai – 600 009. 2.The Superintendent, Central Prison – I, Puzhal, Chennai. .. Respondents Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Habeas Corpus, to call for the records pertaining to the order of the 1st respondent dated 27.03.2017 in G.O.(D) No.388 and quash the same and direction directing the respondents to release the detenue, prematurely under the G.O.(Ms) No.1155 dated 11/09/2008 and produce the detenue, Guna @ Gunasekaran, S/o.Sudalai, Life convict prisoner Convict No.5565 detained at Central Prison-I, Puzhal, Chennai-66 before this Court and set him at liberty.
For Petitioner : Mr.Dr.S.Manoharan For Respondents : Mr.R.Prathap Kumar Additional Public Prosecutor ORDER (Order of the Court was made by S.VIMALA,J.,)
This petition is filed seeking a direction to the respondent to release the detenu, prematurely invoking G.O.(Ms) No.1155 dated 11.09.2008 and to produce the detenu namely Guna @ Gunasekaran.
2.The learned Additional Public Prosecutor appearing for the respondents would submit that the detenu was found not eligible to the benefits of G.O.(Ms) No.1155 dated 11.09.2008 and therefore, his request was rejected. Still, it is submitted that the detenu was found eligible of the benefits of G.O.(Ms) No.64 and his name has been recommended for the premature release.
3.Under such circumstances, we direct the respondents to pass appropriate orders for the release of the detenu within a period of four weeks from the date of receipt of a copy of this order.
4.With these observations, this Habeas Corpus Petition is closed. Sd/Assistant Registrar(CS VI) //True copy// Sub Assistant Registrar ia/srk To: 1.The Secretary, The Government of Tamil Nadu, Home Department, Fort. St. George, Chennai – 600 009. 2.The Superintendent, Central Prison – I, Puzhal, Chennai. 3.The Additional Public Prosecutor, High Court, Madras. +1cc to Mr.S.Manoharan, Advocate SR.No.42228 H.C.P.No.1547 of 2017 RJI(CO) GN(26/07/2018)
2 issues framed by the court
Whether the detenu is eligible for premature release under G.O.(Ms) No.1155 dated 11.09.2008.
Whether the request for premature release under G.O.(Ms) No.1155 dated 11.09.2008 should be allowed when not eligible under that order but eligible under G.O.(Ms) No.64.
3 provisions across 3 enactments
Guna @ Gunasekaran
The Secretary to Government of Tamil Nadu, Home Department
The Superintendent, Central Prison – I, Puzhal
S.Vimala
S.Ramathilagam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
