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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
A.D.JAGADISH CHANDIRA, K.RAJASEKAR
A. Manikandan – Appellant
Versus
The State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. case initiated for quashing premature release. (Para 1) |
| 2. background regarding the election and subsequent violence. (Para 2) |
| 3. details of the criminal case and conviction. (Para 3) |
| 4. respondents' arguments regarding remission conditions. (Para 4 , 6) |
| 5. court’s observations on the necessity of revocation. (Para 5 , 7) |
| 6. court's observations on rehabilitation and systemic issues. (Para 8 , 9 , 13 , 14 , 15) |
| 7. discussion on the balance between rehabilitation and public safety. (Para 10 , 11 , 12) |
| 8. legal principles regarding conditions for remission. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 25) |
| 9. principles of punishment and remission in law. (Para 24) |
| 10. order for revocation of remission and restoration of conviction. (Para 28) |
| 11. conclusion and order of the court. (Para 29) |
ORDER :
A.D. JAGADISH CHANDIRA, J.
1. The present writ petition has been filed by the de facto complainant in Crime No.248/2023 on the file of the Melavalavu Police Station seeking issuance of a writ of certiorarified mandamus calling for the impugned order of the 3rd respondent in G.O.(Ms.) No.609 HOME (PRISON-IV) Department dated 8.11.2019, quash the same and consequently direct respondent
The premature release of a convict can be revoked if they violate the conditions set during their release, emphasizing the balance between rehabilitation and public safety.
The exercise of executive power of clemency is a duty vested in the Authority for the welfare of the people, and the case of premature release of a life convict is governed by the policy/guidelines o....
(1) Right to file petition under Article 32 of Constitution is also a Fundamental Right.(2) Remission in sentence – Power to grant remission on an application filed by convict or on his behalf, is ul....
Important Points – (1) Remission is not an extension of sentencing process, but a distinct executive function concerned with present and future – Justice does not permit permanent incarceration of in....
(1) Remission policy prevailing on the date of conviction, is to be applied in a given case, and if a more liberal policy exists on the day of consideration, then latter would apply.(2) Blanket exclu....
Rejection of life convicts' remission based on superseded notification illegal where offenses not prohibited under current prison manual; board must holistically assess reformation, jail conduct, reo....
The court mandated the reconsideration of a convict's premature release proposal, emphasizing rehabilitation, age, and new evidence over the initial decision to reject it based on the severity of the....
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