Raja Mohamed v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Raja Mohamed S/o.Sheikh Oli ..
Petitioner Vs.
1.
The State represented by its Home Secretary (Prison-IV) Home Department, Secretariat Fort St.George, Chennai-600 009.
2.
The Director General of Prisons Gandhi Irwin Road, CMDA Building 2nd Tower, Egmore Chennai-600 008.
3.
The Superintendent of Prison Central Prison at Palayamkottai Tirunelveli District - 627 002.
.. Respondents Page Nos.1/6
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the 1st respondent to consider the petitioner's representation dated 28.03.2023 within time limit and consequently direct the respondents to release the convict prisoner / brother of the petitioner namely, Mr.Sabeer Ahamed, S/o.Sheikh Oli (CT No.4117) who is confining at Central Prison, Palayamkottai, who is a 3rd respondent herein.
For Petitioner :
Mr.Mohamed Saifulla For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned writ petition has been filed by brother of a convict prisoner. To be noted, convict prisoner (CT No.4117) now lodged in Central Prison, Palayamkottai is Mr.Sabeer Ahamed, son of Mr.Sheikh Oli.
2. Mr.M.Mohamed Saifulla, learned counsel on record for petitioner submits that a representation dated 28.03.2023 has been sent by the petitioner seeking premature release of his brother i.e., convict prisoner. Page Nos.2/6
Learned counsel also draws our attention to a reply to a query under 'the Right to Information Act, 2005' ['RTI Act' for the sake of convenience and brevity] wherein third respondent has replied to a query regarding representation and in the reply, the third respondent has said that recommendation has been made ( ghpe;Jiu bra;ag;gl;Ls;sJ).
3. Learned counsel for petitioner inter alia places reliance on G.O.(Ms)No.488 Home (Prison-IV) Department dated 15.11.2021 and submits that convict prisoner is entitled to premature release but we refrain ourselves from expressing any opinion on this submission in this order owing to the trajectory the matter has taken.
4. Issue notice.
5. Mr.R.Muniyapparaj, learned Additional Public Prosecutor (assisted by learned counsel Mr.Sylvester John) accepts notice on behalf of all three respondents and learned Prosecutor, on instructions submits that the aforementioned representation of the petitioner dated 28.03.2023 is under Page Nos.3/6
active consideration and a decision will be taken as expeditiously as possible and in any event within six weeks from today ie., on or before 20.07.2023.
6. In the light of the narrative thus far, we deem it appropriate to dispose of the captioned writ petition with a direction to respondents to dispose of petitioner's representation for premature release i.e., representation dated 28.03.2023 on its own merits and in accordance with law as expeditiously as the official business of the respondents would permit but in any event within six weeks from today i.e., on or before 20.07.2023. The decision i.e., disposal of representation proceedings shall be communicated to the petitioner under due acknowledgment within five working days form the date of disposal.
7. Captioned Writ Petition is disposed of with the aforementioned directives.
Page Nos.4/6
8. Though captioned writ petition has been disposed of, Registry is directed to list the captioned writ petition under the cause list caption 'FOR REPORTING COMPLIANCE' on 28.07.2023.
(M.S.,J.) (K.G.T.,J.) 08.06.2023 Index : Yes / No Speaking / Non-speaking mk To 1.
The State represented by its Home Secretary (Prison-IV) Home Department, Secretariat Fort St.George, Chennai-600 009.
2.
The Director General of Prisons Gandhi Irwin Road, CMDA Building 2nd Tower, Egmore Chennai-600 008.
3.
The Superintendent of Prison Central Prison at Palayamkottai Tirunelveli District - 627 002.
4.
The Public Prosecutor High Court, Madras.
M.SUNDAR, J., Page Nos.5/6
and K.GOVINDARAJAN THILAKAVADI, J., mk 08.06.2023 Page Nos.6/6