Disposed

R.Parvatham v. the State of Tamil Nadu Rep by

Madras HC2 Apr 2018HCP(MD)/201/2018

Case brief

AI extract

What is this about?

In a habeas corpus petition filed by a mother seeking the release of her son detained at Central Prison Trichy, the Madras High Court directed the respondents to consider a remission application under G.O.(Ms)No.64 dated 01.02.2018 within four weeks. The court held that the executive must evaluate the representation regarding the detenues eligibility for premature release under the prescribed guid

What did the court decide?

Direction to respondents to consider the petitioner representation dated 14.02.2018 regarding the detenues eligibility for remission under G.O.(Ms)No.64 dated 01.02.2018 within four weeks.

R.Parvatham Vs the State of Tamil Nadu Rep by — Pension and Retirement Benefits | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 02.04.2018

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CORAM:

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THE HONOURABLE Mr. JUSTICE C.T.SELVAM and THE HONOURABLE Mr. JUSTICE A.M.BASHEER AHAMED

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H.C.P.(MD)No.201 of 2018

R.Parvatham

... Petitioner

Vs.

1.State Rep.by The Principal Secretary to Government, Home (Prison) Department, Secretariat, Fort St.George, Chennai 600 009.

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2.The Additional Director General of Prison, The Inspector General of Prisons, C.M.D.A.Towers II, No.1 Ganthi Irvin Road, Egmore, Chennai.

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3.The Superintendent of Prison, Central Prison, Trichy.

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... Respondents

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PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce person or body of the detenue before this Court and release the petitioner's son namely, Baskar son of Raman aged about 45 years C.T.No.14693, now confined at Central Prison, Trichy based on petitioner's representation dated 14.02.2018 and set him at liberty forthwith.

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For Petitioner : Mr.N.Mohideen Basha For Respondents : Mr.Dinesh Babu, APP

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ORDER

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(Order of the Court was made by C.T.SELVAM,J.)

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This petition has been filed by the mother of detenu, https://hcservices.ecourts.gov.in/hcservices/ contending that the detenu has been incarcerated in Central Prison, Trichy and he is eligible for remission in accordance with

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the Government Order in G.O.(Ms)No.64, Home ((Prison-IV) Department, dated 01.02.2018, by which, the eligible criteria for those persons to be considered for remission has been prescribed.

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2.The prisoners, who are eligible for consideration for pre-mature release has been enlisted in G.O.(Ms)No.64, Home ((Prison-IV) Department, dated 01.02.2018, and the same reads as under:-

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“ (II) The life convicts who have completed 10 years of actual imprisonment as on 25.02.2018 and the life convicts who are aged 60 years and above and who have completed 5 years of actual imprisonment on 25.02.2018 including those who were originally sentenced to death by the Trial Court and modified to life sentence by the Appellate Court (other than those whose convictions have been commuted), may be considered for premature release subject to satisfaction of the following conditions:-

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1)The prisoner's behaviour should be satisfactory.

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2)Prisoners convicted for the following offences are ineligible for consideration for premture release irrespective of the nature and tenure of the sentence and irrespective of the fact as to whether or not they have undergone the sentence in respect of the said offence namely:(A)Prisoners convicted for the following offences, namely:-

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(i)Rape (Section 376 of IPC)

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(ii) Forgery (Section 467, 471 of IPC)

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(iii)Robbery (Section 397, 398 of IPC) (iv)Dacoity (Section 396, 397, 398, 399, 400, 402 of IPC)

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(v)Terrorist crimes

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(vi)Offences against the State

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(vii)Offences under Sectons 153-A, 153-AA and 153B of

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IPC.

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(viii)Escape or attempting to escape from lawful custody

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(except overstyayal of parole leave only)

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(ix)Forgery/counterfeit of currency notes or bank notes/making or possessing instruments or materials for forging or counterfeiting currency notes or bank notes (section 472, 474, 489A, 489B and 489D of IPC)

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(x)Cruelty against women or dowry death (section 498A

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and 304B IPC)

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(xi)Economic offences, black-marketting, smuggling or misuse of power and authority.

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(xii)Selling illicit arrack mixed with poisonous https://hcservices.ecourts.gov.in/hcservices/ substance. (xiii)Habitual Forest offenders who are responsible

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for disturbing the ecologial balance.”

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3.The learned Additional Public Prosecutor appearing for the State, would state that the detenu has attracted conviction under Section 498A of IPC and therefore, he is not eligible to be considered, as per clause 2A(x) of the above Guidelines. Learned counsel for the petitioner would submit that the period of conviction for offence u/s 498-A in a separate cases has been already suffered by the detenu and it has come to an end and therefore, it is a fit case for consideration. It is contended that in similar cases, remission has been granted.

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4.As it is always open to Government to consider the representation in exercise of power under Article 161 of the Constitution of India in keeping with Chapter XXXII - E of Cr.P.C., it is for Government to consider the representation of the petitioner dated 14.02.2018 and act as appropriate. Respondents are required to do so, within a period of four weeks from the date of receipt of a copy of this order.

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5.The Habeas Corpus Petition is disposed of accordingly.

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Sd/-

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Assistant Registrar(CS-I)

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/True Copy/

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Sub Assistant Registrar-

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