IMPORTANT POINT
The court established that the nature of the crime must be weighed against the convict's conduct and rehabilitation potential when considering premature release.

ORDER :

M.S. Ramesh, J.

[PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order G.O.(D) No.1165, dated 06.10.2023 issued by the 1st respondent and quash the same and consequently release the detenue, Poovarasi, D/o. Sambanthan, aged about 38 years, life convict prisoner, bearing Convict No.355, detained at Central Prison, Puzhal-I, Puzhal, Chennai, prematurely, as per G.O.(Ms.)No.488, dated 15.11.2021.]

The petitioner is the husband of Poovarasi, who is a life convict prisoner No.355, confined at Central Prison, Puzhal – I, Chennai. Through a judgment dated 15.02.2011 passed in Sessions Case No.491/2010 on the file of the VIth Additional Sessions Judge, Chennai, she was convicted and sentenced as follows:-

2. On appeal, the conviction was modified by the Hon'ble Co-ordinate Bench of this Court in Crl.A.No.226 of 2013, dated 08.06.2016, as follows:-

(i) The conviction of the accused under Section 364 of the Indian Penal Code and sentence for Rigorous Imprisonment for seven years on her is confirmed. However, the fine of Rs.50,000/- imposed by the trial court is reduced to Rs.10,000/- and in default to undergo simple imprisonment for four weeks.

(ii) The conviction of the accused under Section 302 of the Indian Penal Code read with Section 201 of the Indian Penal Code is set aside and instead the accused is convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.20,000/- in default to undergo rigorous imprisonment for six weeks.

3. Through G.O.(Ms.) No.488, Home (Prison-IV) Department, dated 15.11.2021, the Government had ordered for premature release of life convict prisoners who have completed 10 years of actual imprisonment as on 15.09.2021, subject to certain conditions. Since the petitioner's wife had completed 10 years of actual imprisonment for the offence under Section 302 IPC has on 15.09.2021, he had given a representation on 08.12.2022, seeking for premature release of his wife. This Court, through orders passed in W.P.No.12402 of 2023, dated 24.04.2023, had directed the Government to consider the petitioner's representation dated 08.12.2022 within a stipulated time. In compliance with such orders, the Government had passed a Government Order in G.O.(D) No.1165, Home (Prison-IV) Department, dated 06.10.2023, wherein the claim of the petitioner was rejected, on the following reasons:-

“(i) The Life Convict Prisoner No.355, Poovarasi, D/o. Sambanthan was involved in the heinous crime of murder of a 3½ years old child.

(ii) The Case of the above Life Convict Prisoner was not recommended by the State Level Committee for consideration under G.O.(Ms) No.488, Home (Prison-IV) Department, dated 15.11.2021 as amended in G.O.(Ms) No.508, Home (Prison-IV) Department, dated 18.11.2021. Further, as per para 2 (H) of the above Government Order granting for premature release is a onetime measure in commemoration of the 113th Birthday of former Chief Minister of Tamil Nadu Dr. Perarignar Anna and it is applicable to those who are eligible as on 15.09.2021 and it shall not be extended later on to the persons who fulfill all the conditions stipulated in the Government orders on a later date. Hence, in the case of above life convict prisoner, her premature release could not be reconsidered at this stage.”

4. Challenging the said Government Order, the present Writ Petition has been filed.

5. Heard the le