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M. S. RAMESH, SUNDER MOHAN
P. Kaliammal – Appellant
Versus
State represented by The Additional Chief Secretary – Respondent
ORDER :
M.S.RAMESH, J.
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 in connection with the impugned order passed by the 1st respondent in G.O.(D) No.663, Home (Prison-IV) Department, dated 27.05.2020 and quash the same and further direct the respondents to extend the benefit of G.O.(Ms) No.64, dated 01.02.2018 and release theh petitioner's son Sakthivel, Life Convict CT.No.7189, S/o Palanisamy, who is confined in Central Prison, Puzhal, Chennai – 66, prematurely.
Heard Mr.M.Mohamed Saifulla, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor, appearing for the respondents.
2. The petitioner is the mother of Sakthivel, S/o Palanisamy, who is the life convict prisoner No.7189, sentenced to undergo imprisonment for life for the offence under Section 302 of the Indian Penal Code (IPC); rigorous imprisonment for 1 year for the offence under Section 148 IPC; rigorous imprisonment for 6 months for the offence under Section 324 IPC; and rigorous imprisonment for 10 years under Section 3 of the Explosive Substance Act, 1908, which were o
The court established that a prisoner cannot be denied benefits based on past punishments for offenses already served, as it violates the principle of double jeopardy.
Premature release of life convicts requires completion of 20 years of imprisonment and consideration of law and order implications, as per relevant government guidelines.
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 court established that factual inaccuracies in the rejection of premature release applications undermine the decision, especially when supported by good conduct evidence.
A life convict who has served a sentence for lesser offences is eligible for premature release despite concurrent convictions under ineligible sections, as per Supreme Court precedent.
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