A.M.Bhaskar v. Principal Secretary / Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2019 CORAM :
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.6416 of 2019 A.M.Bhaskar ... Petitioner Vs.
1.Principal Secretary/Secretary In-Charge of Prisons Home, Prohibition and Excisse Department Secretariat, Chennai 600 009 2.Inspector General of Prisons (Head of Prisons Department) Tamil Nadu Prison Department, Whannels Road, Egmore, Chennai-600 008 3.Director Probation Services/Chief Probation Superintendent CMDA Tower-II, No.1 Gandhi Irwin Road, Egmore, Chennai-600 008 4.Superintendent of Prisons Central Prison Puzhal-I Chennai-600 066 ... Respondents PRAYER- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 26.01.2019, received by the respondent on 28.01.2019, within a time frame fixed by this Court. For Petitioner :
Mr.M.Kempraj For Respondents:
Mr.C.Raghavan Government Advocate
ORDER
This writ petition has been filed seeking a direction to the respondents to consider the representation of the petitioner dated 26.01.2019 and pass orders within a time frame to be fixed by this Court.
2. The learned counsel for the petitioner submitted that the father of the petitioner was convicted for an offence punishable
under the Prevention of Corruption Act, 1988 and was sentenced to undergo rigorous imprisonment for two years. This judgment was confirmed in appeal and was further confirmed by the Hon'ble Supreme Court by dismissal of the S.L.P. No.3419 of 2019, by order dated 23.04.2018.
3. The learned counsel further submitted that the petitioner's father has already suffered imprisonment for nearly one year and four months out of two years. The petitioner's father, who is suffering imprisonment, is aged about 72 years and is suffering from various ailments. Learned counsel submitted that a represenatation was made to the Chairman and members of the State Sentence Review Board, seeking premature release of the petitioner's father, as per the prison manual. In spite of the represenatation, no orders have been passed till date and therefore, the present writ petition has been filed before this Court.
4. The learned Government Advocate submitted that a time frame may be fixed by this Court for consideration of the representation made by the petitioner and the same will be considered in accordance with law.
5. Taking into consideration the limited scope of the relief sought for by the petitioner, there shall be a direction to the State Sentence Review Board to consider the representation dated 26.01.2019, made by the petitioner, seeking premature release of the convict, strictly in accordance with law, within a period of two (2) weeks from the date of receipt of copy of this order. This writ petition is disposed of with the above directions. No costs.
ska Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To
1. Principal Secretary/Secretary In-Charge of Prisons Home, Prohibition and Excisse Department Secretariat, Chennai 600 009
2. Inspector General of Prisons (Head of Prisons Department) Tamil Nadu Prison Department, Whannels Road, Egmore, Chennai-600 008
3. Director Probation Services/Chief Probation Superintendent CMDA Tower-II, No.1 Gandhi Irwin Road, Egmore, Chennai-600 008
4. Superintendent of Prisons Central Prison Puzhal-I Chennai-600 066
5. The District Collector, Thiruvallur.
6. The State Sentence Review Board, NH-205, Chinna Ekkadu, Jaya Nagar, Thiruvallur Dist.
Tamil Nadu - 6012001 +1cc to Mr.M.Kempraj, Advocate, SR.No.44681 W.P.No.6416 of 2019 Kak(19/06/2019)