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.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order G.O.(D).No.727 Home (Prison-IV) Department, dated 04.07.2019, passed by the 1st respondent dated 04.07.2019 and to quash the same and consecutively direct the respondents to release the detenu viz., Yasudeen, S/o.Badhrudeen, aged about 42 years, convict No.3287, prematurely, confined at Central Prison, Coimbatore, as per the G.O.(Ms) No.1155 Home (Pri.IV) Department, dated 11.09.2008 and G.O.(Ms) No.64 Home (Prison-IV) Department, dated 01.02.2018.)

P.N. Prakash, J.

1. Challenging the order in G.O.(D).No.727 Home (Prison-IV) Department, dated 04.07.2019 (for brevity “the impugned order) passed by the 1st respondent, refusing to grant premature release of Yasudeen (life convict No.3287) under G.O.(Ms) No.1155Home (Pri.IV) Department, dated 11.09.2008 (for brevity “G.O.1155”) and G.O.Ms.No.64 Home (Prison-IV) Department, dated 01.02.2018 (for brevity “G.O.64”) and for a direction to release the said Yasudeen prematurely, his mother Jaithoon has filed the instant writ petition.

2. The facts in brief are as under:

2.1. In connection with the murder of an R.S.S. activist, the petitioner’s son Yasudeen and two others faced a trial in S.C.No.201 of 1999 on the file of the II Additional Sessions Court, Coimbatore and Yasudeen was convicted and sentenced on 06.02.2001 as under:

The aforesaid sentences were ordered to run concurrently.

2.2. The appeal preferred by Yasudeen in Crl.A.No.963 of 2001 was dismissed by this Court on 15.10.2004 and the Supreme Court also dismissed his further appeal in Crl.A.No.3435 of 2005 on 04.04.2005.

2.3. Apart from the above, it is stated in paragraph 4 of the counter affidavit of the State that Yasudeen, along with 10 other prisoners, threatened to kill the then Deputy Inspector General of Prisons, Coimbatore and abused him and his family members, when he (DIG Prisons) went on a combing operation of the High Security Block in the prison on 25.03.1999. In connection with this, Yasudeen faced a prosecution in C.C.No.73 of 2001, in which, the Judicial Magistrate No.III, Salem, convicted him of the offences under Sections 353, 294(b) and 506(I) IPC and sentenced him to undergo various terms of imprisonment, the maximum being 2 years simple imprisonment.

2.4. While that being so, to commemorate the Birth Centenary of Peraringnar Anna, the State issued G.O.1155, ordering premature release of 1,405 convict prisoners by virtue of exercise of powers by the Governor under Article 161 of the Constitution of India. Further, to commemorate the Birth Centenary of Dr.M.G.Ramachandran, the State issued a fresh remission Government Order, viz., G.O.64, ordering premature release of 1,650 convict prisoners as done in the case of G.O. 1155, as stated above.

2.5. While so, Jaithoon gave a representation dated 20.10.2018 to the prison authorities for the premature release of her son Yasudeen and thereafter, filed H.C.P.No.2886 of 2018, in which, a Division Bench of this Court, by order dated 03.01.2019, directed the Government to consider Jaithoon’s representation and pass orders within a period of two weeks thereof. Accordingly, the State considered her representation and rejected the same vide impugned order, aggrieved by which, the instant writ petition has been filed.

3. Heard Mr.S.Manoharan, learned counsel for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the State.

4. The State has filed a counter affidavit dated 30.11.2021, justifying the impugned order.

5. Mr.Manoharan submitted that while Yasudeen was undergoing the sentence, he had acquired sever