Petitioner challenged a Government Order rejecting a premature release application for a life convict. The Court held premature release is a discretion, not a right, considering public interest and nature of offence, and dismissed the petition.
Writ petition and connected miscellaneous petitions dismissed; no interference with the impugned Government Order.
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.
2024:MHC:4183
W.P.No.17710 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2024
CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
W.P.No.17710 of 2024
Mr.Rajavel
S/o late Ramalingam
.. Petitioner
v.
.. Respondents
Petition filed under Article 226 of the Constitution of India, praying
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W.P.No.17710 of 2024
for issuance of a Writ of Certiorarified Mandamus, to call for the records in impugned order in G.O.(D) No.1222 dated 10.10.2024 passed by the 1st respondent and quash the same and directing the respondents to release the son of the petitioner/convict, namely, Mr.Saravanan, S/o Rajavel (CT No. 89), who is confining at 3rd respondent herein.
(Prayer amended vide order dated 05.12.2024 in WMP.34218/2024 in WP.17710/2024)
For Petitioner :: Mr.M.Mohamed Saifulla
For Respondents :: Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.)
The writ on hand has been instituted challenging the impugned order
passed by the first respondent, rejecting the request of the petitioner for premature release of the life convict prisoner, in G.O.(D)No.1222, Home (Prison-IVA) Department dated 10.10.2024.
2.The petitioner submitted an application seeking premature release of
the life convict prisoner. Since he was found eligible as per the
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W.P.No.17710 of 2024
G.O.(Ms).No.488, Home (Prison-IV) Department dated 15.11.2021, the application was processed. The State Level Committee recommended the case of the prisoner for premature release. However, the Government declined to accept the recommendations of the State Level Committee.
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W.P.No.17710 of 2024
clause in G.O.(Ms.)No.488, namely, para 2(G), which reads as follows:-
“(G) The above guidelines framed deals with the eligibility of the life convict prisoners for consideration of the Government and mere fulfillment of the above condition prescribed in the
guidelines does not confer any right for premature release for the life convict prisoners and it is the sole discretion and prerogative of the Government taking into account the other factors like the nature
of offence and its effect on society, fitness for
rehabilitation into society and public interest, etc.”
prisoners. It is a concession extended by the Government by framing schemes. Various criteria are fixed including good conduct of the prisoner. Nature of offence committed by the prisoner also may be taken into consideration in public interest. At the outset, element of public interest is of paramount importance, while considering the application seeking
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W.P.No.17710 of 2024
premature release of the prisoner concerned. When certain nature of offence, in the opinion of the Government, is relatable to public interest, then the Government is empowered to reject the application by invoking para 2(G) of the Government Order issued in G.O.(Ms.)No.488 dated 15.11.2021. Since premature release is not an absolute right conferred on the prisoner and a concession, such concession would not provide any cause for filing a writ petition seeking a direction for premature release.
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W.P.No.17710 of 2024
also dismissed. No costs.
Index : yes Neutral citation : yes
(S.M.S.,J.) (M.J.R.,J.) 19.12.2024
ss
To
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W.P.No.17710 of 2024
S.M.SUBRAMANIAM,J. AND M.JOTHIRAMAN,J.
ss
W.P.No.17710 of 2024
19.12.2024
_____________ Page 7 of 7_
2 issues framed by the court
Whether premature release of a life convict prisoner can be claimed as an absolute right under a Government scheme.
Whether the High Court can interfere with a Government Order rejecting a premature release application based on nature of offence and public interest.
2 provisions across 2 enactments
Mr.Rajavel S/o late Ramalingam
The State rep by its The Home Secretary Prison Department
The Director General of Prison No.01
The Superintendent of Prison Central Prison at Vellore
S.M.SUBRAMANIAM
M.JOTHIRAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
