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Home Secretary (Prison-IV), Home Department – Appellant
Versus
A. Palaniswamy @ Palaniappan(M/46), S/o Andiappan – Respondent
JUDGMENT :
M.M.SUNDRESH, J.
Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 04.05.2020 passed in W.P.No.7559 of 2020. Habeas Corpus Petition is filed under Article 226 of the Constitution of India, 1950, praying to issue a writ of Habeas Corpus to produce the body of the detenu A.Palaniswamy @ Palaniyappan, S/o Andiyappan (Convict Prisoner No.6961) before this Court, who is illegally detained by the third respondent.
As the cases on hand deal with the same detenu with the interlinked issues, they are appositely disposed of by a common judgment.
2. The detenu, who is a life convict was found guilty of the offences punishable under Sections 302 and 392 IPC in S.C.No.80 of 2008 by the Additional District and Sessions Judge (Fast Track Court No.I), Erode, on 10.11.2008 and accordingly, he was sentenced to undergo life imprisonment and 10 years rigorous imprisonment respectively.
3. The appeal filed by the convict, on contest, was dismissed in Criminal Appeal No.107 of 2009 on 18.08.2009.
4. The Government Order was passed providing for premature release to the life convict in G.O.Ms.No.64, Home(Prison-IV) Department, dated 01.02.2018 in commemoration of 100
The court clarified that life convicts are eligible for premature release considerations, with proper compliance of procedural requirements, including set-off periods of incarceration during trial.
The main legal point established in the judgment is that the pendency of an appeal does not bar the consideration of a premature release case, and the State's policy for premature release should be a....
The Committee for premature release must meet regularly to timely consider applications; failure to do so infringes the rights of convicts entitled to such reviews.
Commission of a jail offence is no legal ground to deny premature release to a convict, especially when the person has been punished for such a misconduct.
Premature release for life convicts can be granted based on age and time served but must consider Probation Officer's recommendations and eligibility criteria.
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