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S. M. SUBRAMANIAM, V. SIVAGNANAM
Sundari, W/o Subbaiah – Appellant
Versus
State represented by its The Principal Secretary to Government Home (Prison-IVA) Department – Respondent
ORDER :
S.M.Subramaniam, J.
The rejection of an application seeking premature release of convict prisoner issued in G.O.(D)No.291, Home (Prison-IV) Department dated 07.03.2024, is sought to be assailed in the present proceedings. The conviction imposed on the prisoner was confirmed in appeal by this Court. Since the convict prisoner completed fourteen years, submitted an application under the Government policy for premature release issued in G.O.(Ms)No.430, Home (Prison-IV) Department dated 11.08.2023.
2. The case of the petitioner is that the application seeking premature release in pursuance of the G.O.(Ms)No.430, Home (Prison-IV) Department dated 11.08.2023, was processed by following the due procedures. The Government rejected the application on the ground that the remission would be premature and prejudicial to justice.
3. The learned counsel for petitioner Mr.M.Mohamed Saifulla would contend that the said blanket reason would not satisfy the directives issued by the Hon'ble Supreme Court of India. The reason assigned in the impugned Government Order would be insufficient to sustain the order and thus this Court has to interfere.
4. The learned Additional Public Prosecutor Mr.Raj T
The Government must provide specific and consistent reasons for rejecting applications for premature release of convicts, ensuring compliance with established policies and natural justice.
The Government must provide consistent and reasoned decisions when rejecting applications for premature release of life convicts, ensuring compliance with established policies.
The court emphasized that the Government must provide consistent and reasoned decisions when rejecting applications for premature release, ensuring compliance with established policies.
The court emphasized that the Government must provide consistent and reasoned decisions regarding premature release applications, ensuring compliance with established policies and avoiding arbitrary ....
The government must provide proper reasoning for rejecting applications for premature release, ensuring uniformity and adherence to established policies.
The Government must provide consistent and reasoned decisions when rejecting applications for premature release of convict prisoners, ensuring compliance with natural justice principles.
The court emphasized that the Government must provide consistent and reasoned decisions for premature release applications, ensuring compliance with established policies and avoiding arbitrary reject....
The court mandated fair application of premature release policies for convicts, emphasizing that arbitrary denials infringe upon fundamental rights and must be reasoned.
The court directed that prisoners eligible under state policy for premature release must be evaluated fairly, without undue reliance on singular opinions, safeguarding against arbitrary treatment.
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