Back
P. Veera Bhaarathi – Appellant
Versus
State of Tamil Nadu, Rep. by Principal Secretary to Government, Home (Prison) Department, Tamil Nadu Govt. , Chief Secretariat, Chennai – Respondent
JUDGMENT :
S. Vaidyanathan, G. Jayachandran, JJ.
(Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to G.O.(D)No.227, Home (Prison - IV) Department/2017, dated 23.02.2017, passed by the first respondent, which arbitrarily rejected the detenu's premature release from life imprisonment, quash the same as illegal and consequently, direct the respondents to produce the detenu viz., Veera Bhaarathi, S/o. Ponniah, aged about 46 / 2017 years, presently confined at Palayamkottai Central Prison, bearing L.Ct.No.3334, in person before this Court from their illegal custody, and to set him at liberty forthwith under the provisions of Articles 14, 20 and 21 of the Constitution of India.)
1. The petitioner herein P.Veera Bhaarathi, a life convict, has approached the Government for premature release from life imprisonment. His request was declined by the Government vide impugned Government Order in G.O.(D)No.227, Home (Prison - IV) Department, dated 23.02.2017. The petitioner challenging th
(1) Remission policy prevailing on the date of conviction, is to be applied in a given case, and if a more liberal policy exists on the day of consideration, then latter would apply.(2) Blanket exclu....
The court established that the Remission Board must not solely rely on police reports when considering premature release applications, but should evaluate the convict's overall rehabilitation and pot....
Premature release for life convicts can be granted based on age and time served but must consider Probation Officer's recommendations and eligibility criteria.
The rejection of a prisoner's remission request based solely on a police report, without considering other evaluations, violates statutory guidelines and judicial standards for assessing eligibility ....
(1) Commutation of life sentence—Concurrence of Central Government for commuting or remitting sentence is mandatory.(2) A statute does not become operative from date on which it is interpreted. It co....
The main legal point established in the judgment is that the decision-making process of the Review Committee in refusing premature release to the petitioner was justified and in accordance with the r....
The power of executive clemency should consider the impact on victims' families, society, and set a precedent for the future, and should factor in public safety and communal tensions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
