IMPORTANT POINTS
There can be no claim of negative discrimination under Article 14.
Writ of habeas corpus is a processual writ. No privilege of person or place can stand against it.
It is not for the writ court to decide whether a prisoner is entitled to parole or remission.
Rule framing power of High Court - Subject to provisions of the Constitution of India and to the provisions of any law of the appropriate legislature.
Rule framing power of High Court is subject to the provisions of the Constitution and to the provisions of any law of the appropriate legislature.
Writ of habeas corpus cannot be issued where detenu is under custody.
Non challenge of court orders by State does not make them legal.

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 Government after careful examination have decided to frame the following guidelines for considering the cases of life convict prisoners for releasing them prematurely under Article 161 of the Constitution of India, in commemoration of the Birthday Centenary of ‘Bharat Ratna’, Puratchi Thalaivar Dr. M. G. Ramachandran, former Chief Minister of Tamil Nadu, based on the announcement of Hon’ble Chief Minister:­

(I) The following committees are constituted for examining the premature release of the life convict prisoners, case to case basis, on the above lines.

(i) the State level committee headed by the Inspector General of Prisons and the Deputy Inspector General of Prisons (Hqrs), Legal officer, Administrative officer (Hqrs) shall be members of the committee.

(ii) the Second level/District committee wherein the Central Prisons/Special Prisons for Women located, headed by the Superintendent of Prisons of the concerned Central Prison and the Additional Superintendent of Prison, Jailor, Administrative Officer and Probation Officer shall be members of the committee.

(iii) the concerned Range Deputy Inspector General of Prisons and Regional Probation officer of the concerned region shall examine the proposal of the second level committee and send the same to State Level committee along with recommendation.

xxx xxx xxx

6. Under the Scheme, a State level committee and District committees were constituted. The District committees were to consider the cases of the prisoners and send their recommendations to the Range Deputy Inspector General of Prisons and Regional Probation Officer who, after examination of the same, were to send the same to the State level committee along with the recommendations. The Scheme further provided as follows:­

(II) The life convicts who have completed 10 years of actual imprisonment as on 25.02.2018 and the life convicts who are aged 60 years and above and who have completed 5 years of actual imprisonment on 25.02.2018 including those who were originally sentenced to death by the Trial Court and modified to life sentence by the Appellate Court (other than those whose convictions have been commuted), may be considered for premature release subject to satisfaction of the following conditions:­

1) The prisoner’s behaviour should be satisfactory.

2) Prisoners convicted for the following offences are ineligible for consideration for premature release irrespective of the nature and tenure of the sentence and irrespective of the fact as to whether or not they have undergone the sentence in respect of the said offence namely:”

Thereafter, the Scheme provides that prisoners convicted for certain offences or for offences under certain Acts would not be eligible for benefit under the Scheme. The Scheme also lays down the following amongst other conditions