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Madras High CourtWP/17244/2021closed

Iqbal Mansoori@Iqbal Khan v. The State Rep. By

2021-09-28Honourable Mr Justice P. N. Prakash,Honourable Ms Justice R.N.Manjula3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MS. JUSTICE R.N.MANJULA Writ Petition No.17244 of 2021 Iqbal Mansoori @ Iqbal Khan S/o.Vaseer Mansoori

...Petitioner

Vs.

State represented by:

1. The Secretary to Government, Home (Prison) Department, St.George Fort, Chennai - 600 009.

2. The Additional Director General of Police, (Head of the Prisons), C.M.D.A. Towers, Egmore, Chennai - 600 008.

3. The Superintendent, Central Prison, Vellore.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing respondents to release the petitioner Iqbal Mansoori @ Iqbal Khan s/o.Vaseer Mansoori, aged about 35 years, Convict No.733, a Life Convict, confined at Central Prison, Vellore, prematurely on the basis of the Government Order passed in G.O.(Ms) No.64 dated 01.02.2018. For Petitioner :

Mr.D.Mariojohnson For Respondents :

Mr.Hasan Mohamed Jinnah State Public Prosecutor assisted by Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking issuance of a Writ of Mandamus directing respondents to release the petitioner Iqbal Mansoori @ Iqbal Khan s/o.Vaseer Mansoori, aged about 35 years, Convict No.733, a Life Convict, confined at Central Prison, Vellore, prematurely on the basis of the Government Order passed in G.O.(Ms).No.64, Home (Prison-IV) Department dated 01.02.2018.

2. Iqbal Mansoori @ Iqbal Khan, a convict prisoner (CT No.733), who is now confined in the Central Prison, Vellore, gave a representation dated 18.03.2019 to the Government seeking premature release in terms of G.O.(Ms).No.64, Home (Prison-IV) Department dated 01.02.2018.

3. On instructions, learned Public Prosecutor submitted that the Government has received the petitioner's representation and the same is under consideration.

4. In view of the above, we direct the first respondent to dispose of the petitioner's representation dated 18.03.2019 within a period of eight weeks from the date of receipt of a copy of this order, in accordance with law and intimate the petitioner.

With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gm To

1. The Secretary to Government, Home (Prison) Department, St.George Fort, Chennai - 600 009.

2. The Additional Director General of Police, (Head of the Prisons), C.M.D.A. Towers, Egmore, Chennai - 600 008.

3. The Superintendent, Central Prison, Vellore.

4. The Public Prosecutor, High Court, Madras.

Writ Petition No.17244 of 2021 GMR[co] NSK 25/10/2021