The Madurai Bench of the Madras High Court has dismissed a batch of petitions challenging the premature release of the 13 life convicts in the sensational Melavalavu massacre case.
The 13 life convicts, belonging to an intermediate caste, were released in 2019 to mark the MGR centenary celebrations. They were convicted of the charge of hacking to death six members of the Scheduled Caste in 1997, including Melavalavu panchayat president Murugesan, near Melur in Madurai district.
Out of the total 17 convicts in the case, three were released in 2008 and one convict died in prison in 2010.
A Division Bench of Justices G. Jayachandran and Sunder Mohan observed that the order of premature release was issued after due consideration of relevant facts.
It includes the objections from the victims and the conduct of the prisoners during the parole and in prison; the law and order situation prevailing in the village after three out of 17 convicts were released prematurely earlier; and the parity between them and the remaining 13 surviving convicts.
The court took note of the status report submitted by the Additional Public Prosecutor stating there was no law and order problem when the prisoners were released on parole on various occasions and also after their premature release.
“This justifies the discretion of the State exercising its prerogative power applying mind considering all relevant materials. In fine, on appreciating the facts and the perusal of records, the court finds no irrelevant or extraneous materials entered into the decision- making process. Therefore, the order granting premature release sustains,” the judges observed.
The court was hearing petitions filed in 2019 by advocate P. Rathinam and Balachandra Bose of the Viduthalai Chiruthaigal Katchi challenging the premature release of the 13 life convicts. The family members of the victims also filed a petition in 2020 seeking to quash the order of premature release.
The court took note of the fact that earlier advocate Rathinam had also filed a writ petition seeking to declare the 13 life convicts not eligible for premature release.
The court had declined to entertain the petition and observed that when an administrative decision was taken by the government the court could not intervene, acting as an appellate authority.
