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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S. Ramesh, N. Senthilkumar, JJ
P.Vasantha Kumar – Appellant
Versus
State rep. by its, The Principal Secretary to Government, Home (Prison-IV) Department – Respondent
ORDER :
M.S.RAMESH, J.
The petitioner herein is the convict, who has been sentenced to life imprisonment for the offences under Section 302 IPC, with a concurrent sentence of 7 years of rigorous imprisonment for the offence under Section 392 r/w. 397 IPC, among other offences. Since he had completed more than 14 years of imprisonment, he sought for premature release under G.O.Ms.No.488, Home (Pri-IV) Department, dated 15.11.2021, as well as other similar Government Orders. His request for premature release was rejected through the impugned Government Order dated 20.05.2024 passed in G.O.(D).No.604, Home (Prison-IV) Department, predominantly on the ground that since he was also convicted for the offence under Section 392 r/w. 397 of IPC, he was ineligible for consideration, as per paragraph 2(A)(ii) of G.O.Ms.No.508, Home (Prison-IV) Department, dated 18.11.2021. The other reason assigned for rejection of the petitioner's request for premature release is that he had not completed 14 years of sentence as on 15.09.2023 and hence, he is not eligible for the benefit of G.O.Ms.No.430, Home (Prison-IV) Department, dated 11.08.2023 and also for premature release under the Advisory Board Sche
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.
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 emphasized that the Government must provide consistent and reasoned decisions for premature release applications, ensuring compliance with established policies and avoiding arbitrary reject....
The government must provide proper reasoning for rejecting applications for premature release, ensuring uniformity and adherence to 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 ....
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 Government must provide consistent and reasoned decisions when rejecting applications for premature release of life convicts, ensuring compliance with established policies.
Premature release of life convicts requires completion of 20 years of imprisonment and consideration of law and order implications, as per relevant government guidelines.
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