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.2825 of 2014 Prasath .. Petitioner Vs
1. The State of Tamil Nadu, rep by the Secretary to Government, Department of Home, Fort St. George, Chennai-600 009.
2. The Director General of Prisons, Egmore, Chennai-600 008. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, directing the respondents to produce the detenu, Murugesan, son of Kasi Thevar, C.No.6789, now confined in the Central Prison, Palayamkottai, before this court and examine his detention and hold it illegal and release him forthwith on premature release.
For Petitioner : Mr.G.Jeremiah 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 his maternal uncle, namely Murugesan, son of Kasi Thevar, a Life convict, C.No.6789, now confined in the Central Prison, Palayamkottai, before this court and to consider him, for premature release, immediately, 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 maternal uncle of the petitioner is a life convict and he has been serving his sentence of life imprisonment, in the Central Prison, Palayamkottai. It has been further submitted that the maternal uncle of the petitioner had served more than 16 years of imprisonment, as a life convict and therefore, he is eligible to be considered for premature release. However, the maternal uncle of the petitioner was not considered for premature release, till date. The learned counsel appearing on behalf of the petitioner had submitted that the petitioner may be permitted to submit a representation to the Principal Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Chennai, within a specified period and on such submission of the representation, the Principal Secretary, Home Department, may be directed to dispose of the said representation, on merits and in accordance with law, within a specified period.
4 The learned Additional Public Prosecutor appearing on behalf of the respondents has no objection for such an order being passed by this Court.
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 representation to the Principal Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Chennai. Accordingly, the convict concerned is permitted to submit a 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 the relevant Government Orders applicable to the convict concerned, including 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, The State of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.
2. The Director General of Prisons, Egmore, Chennai-600 008.
3. The Public Prosecutor, High Court, Madras.
M.JAICHANDREN,J.
AND T.MATHIVANAN, J.
vvk H.C.P.No.2825 of 2014 14.02.2017 http://www.judis.nic.in