IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 01.04.2022 PRONOUNCED ON : 12.04.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice A.A.NAKKIRAN W.P.No.12442 of 2021 Fathima .. Petitioner Vs.
State represented by
1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St.George, Chennai – 600 009.
2.The Superintendent, Central Prison, Palayamkottai – 627 007. .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to consider the representation dated 15.04.2021 and consequently release the detenu Mohammed Moosa, S/o.Mohammed Anwar, Convict No.9400, detained at the Central Prison, Palayamkottai, prematurely, as per G.O.(Ms).No.1155, Home (Prison-IV) Department, dated 11.09.2008 and G.O.(Ms).No.64, Home (Prison-IV) Department, dated 01.02.2018.
For Petitioner : Ms.K.Dheepakshi for Mr.S.Manoharan For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
[Made by P.N.PRAKASH, J.]
This writ petition has been filed seeking a direction to the respondents to consider the representation dated 15.04.2021 and consequently release the detenu Mohammed Moosa, S/o.Mohammed Anwar, Convict No.9400, detained at the Central Prison, Palayamkottai, prematurely, as per G.O.(Ms).No.1155, Home (Prison-IV) Department (for brevity “G.O.1155”), dated 11.09.2008 and G.O.(Ms).No.64, Home (Prison-
IV) Department (for brevity “G.O.64”), dated 01.02.2018.
2. The minimum facts that are required for deciding this writ petition are as under:
2.1 The petitioner's husband Mohammed Moosa (C.T.No.9400)
was involved in the murder of one Dr.Sridhar, who was a member of Bharathiya Janatha Party, in connection with which, he faced a prosecution along with twelve others in S.C.No.140 of 2000 in the Additional District Court, (Fast Track Court), Thiruchirapalli, in which, he was convicted and sentenced as follows on 07.10.2003:
| Provision under which convicted | Sentence |
| Section 302 and 120-B IPC r/w 302 IPC | Imprisonment for life and fine of Rs.1,000/-, in default to undergo one year rigorous imprisonment. |
| Section 148 IPC | Two years rigorous imprisonment and fine of Rs.500/-, in default to undergo six months rigorous imprisonment. |
2.2 The appeal filed by Mohammed Moosa in Crl.A.No.1807 of
2003 was dismissed by a Division Bench of this Court on 22.02.2008 and the Supreme Court also confirmed the conviction and sentences in Crl.A.No.2119 of 2009 on 13.04.2016.
2.3 Apart from the above, Mohammed Moosa was involved in three other cases, as could be seen from paragraph nos.4, 5 and 6 of the counter affidavit filed by the State, which read as follows:
“4. Further, it is submitted that, the petitioner's husband life convict prisoner No.9400, Moosa @ Tada Moosa @ Syed Bai, son of Mohamed Hanifa, along with 13 others was acted unitedly in pursuance of a common conspiracy, formed, nursed and urged to take vengeance against the police and prison officials to cause destruction to public properties with a view to teach a lesson to others on their mistaken presumption that under trial prisoners concerned in Coimbatore Serial Bomb Blast cases kept in various Central Prisons in Tamil Nadu were subjected to harassement and ill-treatment, planted bombs at various places in Chennai, Coimbatore and Trichy including the office of the Inspector General of Prisons at Chennai and Commissioner of Police, Chennai City. Hence, he was concerned in F2 Egmore Police Station Crime No.1018/1999 clubbed with D1 Triplicane Police Station Crime No.696/1999, F1 Chintadripet Police Station Crime No.1253/1999, Trichy B6 Cantonment Police Station Crime No.616/1999, Coimbatore B1 Bazaar Police Station Crime No.1163/1999, Kerala Payyangadi Police Station Crime No.137/1999 (Thrissur CBCID Crime No.105/1999) and Kasargode Railway Police Station Crime No.4/1999 (Thrissur CBCID Crime No.106/1999) and was convicted and sentenced to undergo the following sentences by the Sessions Court for Explosive Trial of Bomb Blast Cases, Poonamallee, in S.C.No.8 of 2003 dated 07.09.2006.
| S.No. | Section | Sentenced awarded |
| 1 | 120(B) Indian Penal Code read with Section 3 of Explosive Substances Act, 1908 | Rigorous imprisonment for 8 years |
| S.No. | Section | Sentenced awarded |
| 2 | 120(B) Indian Penal Code read with Section 4(a) of Explosive Substances Act, 1908 | Rigorous imprisonment for 6 years |
| 3 | 120(B) Indian Penal Code read with Section 4(b) of Explosive Substances Act, 1908 | Rigorous imprisonment for 6 years |
| 4 | 120(B) Indian Penal Code read with Section 5 r/w 6 of the Explosive Substances Act, 1908 | Rigorous imprisonment for 5 years |
| 5 | 120(B) Indian Penal Code read with 307 Indian Penal Code | Rigorous imprisonment for 8 years |
| 6 | 120(B) read with Section 4 of TNPPDL Act 1992 | Rigorous imprisonment for 3 years |
| 7 | 120(B) Indian Penal Code read with Section 9-B(1)(b) of Explosive Substan | |
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