IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.02.2017 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.119 of 2014 Lawrance .. Petitioner Vs The State represented by
1. The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.
2. The Additional Director General of Prison, C.M.D.A. Towers, Egmore, Chennai-600 008.
3. The Superintendent of Prison, Central Prison-I, Puzhal, Chennai. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, directing the respondents to consider the Government Order, in G.O.Ms.No.1155, Home (Pri.IV) Department, dated 11.9.2008, and produce the detenu, D.Gabriel, son of Devasagayam, aged about 45 years, convict No.4903, detained in the Central Prison-I, Puzhal, Chennai, before this court and to set him at liberty.
For Petitioner : Mr.S.Manoharan For Respondents : Mr.V.M.R.Rajentran, APP ORDER [Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed by the petitioner, seeking a direction to the respondents to produce her husband, Gabriel, aged about 45 years, son of Devasagayam, Convict No.4903, detained in the Central Prison-I, Puzhal, Chennai, before this court and to consider him, for premature release, under G.O.Ms.No.1155, Home (Pri.IV) Department, dated 11.9.2008, and to set him at liberty.
2 We have heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of the State.
3 The learned counsel appearing on behalf of the petitioner had submitted that the husband of the petitioner is a life convict and he has been serving his sentence of life imprisonment, in the Cenral Prison, Puzhal, Chennai. It has been further submitted that the husband of the petitioner had completed more than 7 years of actual imprisonment, as a life convict, as on 15.9.2008 and therefore, he is eligible to be considered for premature release, as per G.O.Ms.No.1155, Home (Pri.IV) Department, dated 11.9.2008. The learned counsel appearing on behalf of the petitioner had further submitted that the petitioner had sent a representation, dated 3.1.2014, to the Secretary, Home Department, Government of Tamil Nadu, to consider her husband, for premature release. However, the said representation had not been considered, till date. Therefore, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Chennai, is directed to dispose of the representation, dated 3.1.2014, on merits and in accordance with law, within a specified period.
4 The learned Additional Public Prosecutor appearing on behalf of the respondents has submitted that the convict concerned may be permitted to submit a fresh representation, to the Principal Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Chennai, seeking premature release and the Principal Secretary, Home Department, Government of Tamil Nadu, may be directed to dispose of the same, within a specified period.
5 In view of the said submission made by the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of the respondents, this Court finds it appropriate to permit the convict concerned to submit a fresh representation to the Principal Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Chennai. Accordingly, the convict concerned is permitted to submit a fresh representation to the Principal Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Chennai, within a period of two weeks from the date of receipt of a copy of this order, along with a copy of this order. On receipt of such representation, the Principal Secretary, Home Department, Government of Tamil Nadu, is directed to consider and dispose of the same, on merits and in accordance with law and as per G.O.Ms.No.1155, Home (Pri.IV) Department, dated 11.9.2008, within a period of six weeks, thereafter. The Habeas Corpus Petition is closed, with the above directions.
[M.J.,J.] [T.M.,J.] 14.02.2017 vvk To
1. The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.
2. The Additional Director General of Prison, C.M.D.A. Towers, Egmore, Chennai-600 008.
3. The Superintendent of Prison, Central Prison-I, Puzhal, Chennai.
4. The Public Prosecutor, High Court, Madras.
M.JAICHANDREN,J.
AND T.MATHIVANAN, J.
vvk H.C.P.No.119 of 2014 14.02.2017 http://www.judis.nic.in