ORDER :

N.KIRUBAKARAN, J.

Can conviction be a bar for exhibiting compassion is the question to be decided in this matter. Compassion has no bounds and needs to be exhibited irrespective of the status of the person viz., whether he or she is convicted or an innocent person.

2. The petitioner has approached this Court by filing Habeas Corpus Petition seeking direction to the respondent to grant permission to her daughter S.Nalini, W/o.Sriharan @ Murugan who is now confined in Special Prison for Women, Vellore and to her Son-in-law Sriharan @ Murugan, S/o. Late Vetrivel who is now confined in Central Prison, Vellore to talk to one Somani Ammal, W/o.Late Vetrivel and Mother of Sriharan @ Murugan, over Whatsapp Video call for about 10 minutes daily.

3. The petitioner's daughter Nalini and Son-in-law Sriharan @ Murugan were convicted by the Presiding Judge, Designated Court No.1 at Poonamallee to death sentence on 28.01.1998. The conviction and sentence awarded by the Trial Court were confirmed by the Hon'ble Supreme Court in Death Reference Case No.1/1998 in Crl.A.Nos.321-325/1998 dated 08.10.1999. His Excellency The Governor of Tamil Nadu considering the mercy petition filed by the convicts commuted the death sentence of S.Nalini, W/o.Sriharan @ Murugan to life imprisonment in Government Letter (Ms) No.406, Home Department, dated 24.04.2000. As far as the other convicts including Sriharan @ Murugan, the Hon'ble Supreme Court by its judgment dated 18.02.2014 in Transferred Case (Criminal) No.01/2012 modified the death sentence into imprisonment for life.

4. The convicts have been undergoing imprisonment for more than 28 years. The Government of Tamil Nadu had recommended the case of the convicts for premature release under Article 161 of the Constitution of India. The said recommendation has been pending with the Governor of Tamil Nadu for quite sometime and thereafter, the Governor of Tamil Nadu had opined that no decision could be taken since Multi Disciplinary Monitoring Agency [MDMA] in CBI have been monitoring and coordinating the issues arising out of Memo of Action Taken “MOAT” and filed a report to Jain Commission of Enquiry relating to the assassination of Mr.Rajiv Gandhi, former Prime Minister of India and the same is pending.

5. In the meanwhile, Mr.Vetrivel, father of Sriharan @ Murugan passed away on 27.04.2020 in Sri Lanka. Mrs.Nalini and her husband Mr.Sriharan @ Murugan spoke to the petitioner over phone and requested her to make an application on their behalf seeking permission to make Whatsapp video call to Tmt.Raji, who is the elder sister of Sriharan @ Murugan residing in London, UK and Tmt.Somani Ammal, who is the mother of Sriharan @ Murugan residing in Sri Lanka, daily for about 10 minutes. Since the said representation dated 04.05.2020 has not been considered favorably, the present Habeas Corpus Petition came to be filed for the relief set out earlier.

6. A common counter affidavit has been filed by the second respondent on behalf of the respondents 1 to 4 stating that there is no provision either in Tamil Nadu Prison Rules, 1983 or in Government Orders' to allow a prisoner to make a video call or voice call to any persons in any foreign country. It is also stated in the counter that since the issue involves two foreign countries, the matter has to be decided only by the Ministry of External Affairs, Government of India and the State Government cannot take any unilateral decision. Moreover, the offence committed by the life convicts had international ramification and considering their overseas contacts with the banned outfits, there is no guarantee that the convicts will use the facility only for their personal/family affairs. The prison authorities cannot verify the genuineness and bonafide of the caller at the other end who will speak from the foreign country and cannot take any action against him/her, in case if the petitioner's daughter and son-in-law violates the law of the land. Granting permission to make vi