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.

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 respondents 1 to 5 herein to restore the conviction and sentence imposed on the 7th respondent in C.A.No.871 of 2001 on the file of the Principal Seat of this court.

2. Factual background of the case resulting in filing of the writ petition is as under:-

i) The writ petitioner belongs to scheduled caste community and is a resident of K.Muthuvelpatti, located between Ettimangalam and Sennagarampatti. In the year 1996, during Local Body Election, the nearby village viz., Melavalavu Panchayat was notified as reserved category exclusively for scheduled caste people which resulted in some strained feelings and communal issues between the community of the petitioner and the other communities causing hindrance for conducting of the election.

ii) After much persuasion, election was conducted and one Murugesan and one Mookan from the community of the petitioner were elected as President and Vice President. However, later, during the month of June 1997, both of them and four others belonging to the scheduled caste community were brutally murdered and several others were injured by a gang belonging to other community people.

iii) As a consequence, a criminal case was registered against 40 persons for the offences punishable under Sections 120-B, 147, 148, 341, 307 and 302 IPC and Section 3(2)(v) of the SC and ST (POA) Act, 1989 and on conclusion of trial, judgment of conviction dated 26.7.2001 was rendered by the Principal Sessions Judge, Salem in S.C.No.10 of 2001 convicting 17 persons for offences under Section 302 r/w 34 IPC and sentencing them to undergo life imprisonment, the 7th respondent herein being one among them. Appeals to the High Court and then to the Supreme Court were dismissed on 19.4.2006 and 22.10.2009 respectively.

iv) Thereupon, the 17 accused were sent to jail and out of them one died in prison due to illness. Out of the remaining 16 convicts, in the year 2008, three were released pre-maturely, vide G.O.Ms.No. 1155, Home Department, dated 11.09.2008. Subsequently, the remaining 13 convicts were ordered to be released, vide G.O.Ms.Nos. 603 to 615, Home (Prison IV) Department, dated 08.11.2019, pursuant to the decision taken by the State Government to grant amnesty to life convicts completed 10 years of imprisonment to commemorate the Birth Centenary of Bharat Ratna Puratchi Thalaivar Dr.M.G.Ramachandran, subject to Prison Rules.

v) The respondent herein, one among the above convicts, was released prematurely vide G.O.(Ms) No.609 Home (PRISON-IV)

Department dated 8.11.2019 vi) Challenging the premature release of the 13 convicts including the 7th respondent herein Writ Petitions in W.P.Nos.24324 and 25333 of 2019 and 3431 of 2020 were filed, which came to be dismissed by this court by order dated 3.2.2023.

vii) In such circumstances, the present complaint lod