JUDGMENT

Deepak Gupta, J.

Delay condoned.

2. Leave granted.

3. The main issue which arises for decision is as follows: “Whether a writ of habeas corpus would lie, for securing release of a person who is undergoing a sentence of imprisonment imposed by court of competent jurisdiction praying that he be released in terms of some Government orders / Rules providing for pre­mature release of prisoners?”

4. At the outset, we may mention that on 17.10.2019 we had framed two issues. We have reframed the first issue and on closer examination we are of the view that the second issue does not arise for decision in this case.

5. The Governor of Tamil Nadu exercising powers under Article 161 of the Constitution of India got issued G.O.(Ms.) No.64 dated 01.02.2018 through the Home (Prison­IV) Department, Government of Tamil Nadu wherein a Scheme was framed for considering the cases of pre­mature release of convicted prisoners on the occasion of the Birth Centenary of Shri M.G. Ramachandran, former Chief Minister of Tamil Nadu. The relevant portion of the Scheme reads as follows:­

“5. The Governme