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M. S. RAMESH, SUNDER MOHAN
Venu Sankar – Appellant
Versus
Union Territory of Puducherry – Respondent
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
The court established that factual inaccuracies in the rejection of premature release applications undermine the decision, especially when supported by good conduct evidence.
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.
The court established that the nature of the crime must be weighed against the convict's conduct and rehabilitation potential when considering premature release.
The court established that reliance on stale offences for denying premature release violates the principle against double jeopardy and the right to personal liberty under Article 21.
Premature release for life convicts can be granted based on age and time served but must consider Probation Officer's recommendations and eligibility criteria.
Premature release of life convicts requires completion of 20 years of imprisonment and consideration of law and order implications, as per relevant government guidelines.
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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