The Madras High Court has ordered that a person of Kasimedu here who was sentenced to life imprisonment in a murder case is entitled to premature release as per a Tamil Nadu G.O. of September 2008.
Habeas corpus petition
A Division Bench comprising Justices S.Rajeswaran and P.N.Prakash passed the order on a habeas corpus petition (HCP) by S.Mallika, the convict’s mother.
The petitioner submitted that her son Ilango was arrested by the Kasimedu police on February 14, 1992 in a murder case. He was sentenced to life imprisonment in February 1995 and the punishment was also confirmed by the High Court. He was lodged in Central Prison, Puzhal near here. He had already undergone more than 11 years of imprisonment. By a G.O. of September 11, 2008, 1405 life convicts who had completed seven years of actual imprisonment as on September 15 that year were ordered to be released.
Ilango ought to have been considered eligible for premature release, but his case was not considered. The petitioner said she sent a representation to the authorities. As it was not considered, she filed the present HCP.
Allowing the petition, the Bench said the detenu was already in jail for more than 14 years. Ilango’s case for premature release had not been considered because the Probation Officer (PO) had reported that the prisoner’s life would be endangered if he is released. The Bench said it did not accept that submission.
The PO had given his report as early as 2008. Moreover, two of the co-accused in the case had already been released.
Every year, Ilango was released on parole for 15 days and no untoward incident had occurred. Hence, he was entitled to premature release as per the G.O. of September 2008, the Judges said.