IMPORTANT POINT
The court established that factual inaccuracies in the rejection of premature release applications undermine the decision, especially when supported by good conduct evidence.

ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order No. 1069/JD/SJ/PMR/2023-2024 dated 19.01.2024 passed by the 4th respondent, quash the same and direct the respondents to release the life convict prisoner Prem Kumar, S/o.Subramani, (M/43) (Prisoner No. 1069) lodged at 5th respondent prison, who is undergoing life imprisonment for the past 21 years.

1. Heard Mr.V.Elangovan, learned counsel for the petitioner and Mr.K.S.Mohandas, learned Public Prosecutor, for the respondents.

2. The petitioner's father, namely Pream @ Preamkumar, was convicted for the offence under Section 302 read with Section 34 of the Indian Penal Code (IPC), through a judgment dated 30.04.2003 passed in S.C.No. 15/2003 on the file of the IInd Additional Sessions Judge, Puducherry and sentenced to undergo life imprisonment. The appeal filed against the said judgment before this Court in Crl. Appeal No. 1124 of 2003 was dismissed on 05.07.2006. Since then, the life convict prisoner has been in custody for the past more than 20 years at the Kalapet Central Prison, Puducherry.

3. As per the Puducherry Prison Rules, 2021 (hereinafter referred to as 'the Rules'), the life convict prisoners, who have completed 14 years of imprisonment, would be eligible for consideration of premature release. In this connection, when the life convict had made an application seeking for premature release, his request was rejected by invoking Rule 870 of the Rules, through the impugned order dated 19.01.2024, predominantly on the ground that the prisoner was involved in 11 other cases, which are pending trial and if he is prematurely released, he may tamper with the witnesses. It is also stated that there is a strong enmity from his rival group, who may settle their scores if he is released from jail, thereby affecting public peace and tranquility. Challenging the said order, the present Writ Petition has been filed.

4. The learned counsel for the petitioner submitted that in almost all the 11 cases, the prisoner was acquitted from the criminal charges, except in two cases, where he was imposed with minor punishments of imposition of fines of Rs.50/- each, apart from only one case where he was convicted and sentenced to undergo life imprisonment. It is in connection with this case that he had completed 14 years of imprisonment and hence, seeks for premature release. He further submitted that during the prisoner's period of imprisonment, he had been maintaining very good conduct and has also completed his B.A., degree, apart from various skill training programs and sports activities, for which he had earned several laurels.

5. Per contra, the learned Public Prosecutor produced a copy of the list of 11 cases in which the life convict was implicated after his conviction and reiterated the reasoning adopted by the 4th respondent in the impugned rejection order. According to the learned Public Prosecutor, the Sentence Review Board had examined the case of the life convict prisoner and after taking into account of his involvement in several criminal cases, has decided not to recommend for premature release. He also submitted that there could be danger to the life of the prisoner from his rival group, if he is released from jail.

6. We have given careful consideration to the submissions made by the respective counsels.

7. There seems to be a factual mistake with regard to the reasoning adopted in the impugned order by the 4th respondent, as well as in the counter affidavit filed by them. We had directed the Public Prosecutor to produce the details of the 11 pending cases against the prisoner, which are claimed to have been committed by him while he was in prison. Accordingly, the list produced by them was perused. The following are the details of the cases in which the life convict was implicated: