A.Pennarasi v. The State Of Tamil Nadu Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.02.2020
CORAM
THE HONOURABLE MR. JUSTICE R. SUBBIAH and THE HONOURABLE MR. JUSTICE R. PONGIAPPAN Habeas Corpus Petition No. 609 of 2017 Habeas Corpus Petition Nos. 347, 1863, 2174, 2715 and Habeas Corpus Petition Nos. 65, 153, 154, 164, 186, 191, 197, 201, 202, 244, 270, 273, 277, 566, 772, 1227, 1314, 1329, 1348, 1439, 1508, 1565, 1750, 1803, 1806, 1821, 1861 and 1869 of 2019 H.C.P. 609/2017:
1 A.PENNARASI W/O.ANBAZHAGAN DOOR NO.20/19 5TH STREET SSB NAGAR VADAPALANI CHENNAI-600 026.
...Petitioner/Wife of the Detenue
1 THE STATE OF TAMIL NADU REP BY THE SECRETARY TO GOVERNMENT HOME PROHIBITION AND EXCISE DEPARTMENT SECRETARIAT CHENNAI-600 009.
2 THE ADDITIONAL DIRECTOR GENERAL OF POLICE & INSPECTOR GENERAL OF PRISONS GANDHI IRWIN ROAD EGMORE CHENNAI- 600 008.
3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON PUZHAL CHENNAI-600 066.
HCP No.609 of 2017:
Constitution of India to issue a WRIT OF HABEAS CORPUS, directing the respondents to produce the petitioner's husband namely Anbazhagan, S/o.Thangavel, Life convict Ct.No.5417, aged about 55 years, now confined in the Central Prison-1, Puzhal, Chennai-600 066 before the Honble court and directing the
respondents to consider him under G.O.Ms.No.1155 Home (PrisonIV) Department DT. 11.09.2008 for premature release and set him at liberty.
H.C.P. 347/2018:
1 NAJINA W/O.TAJUDDEEN NO.3/28 SRI SAI GARDEN ANNAM NAICKER STREET KUNIYAMATHUR COIMBATORE-641 008
...Petitioner/Wife of the Detenue
1 THE STATE REP. BY ITS SECRETARY TO GOVERNMENT HOME DEPARTMENT FORT ST. GEORGE CHENNAI-600 009 2 THE ADDITIONAL DIRECTOR GENERAL OF POLICE/INSPECTOR GENERAL OF PRISONS EGMORE CHENNAI-600 008 3 THE SUPERINTENDENT CENTRAL PRISON COIMBATORE HCP No.347 of 2018 Constitution of India to issue a writ in particular a WRIT OF HABEAS CORPUS directing the respondents to consider the petitioner's husband by name Tajudeen (Prisoner No.10662), son of Abdhul Gani, aged about 55 years, who is confined in Central Prison, Coimbatore for premature release from the prison under the G.O.(Ms)No.64 Home(Prison-IV) Department dated 01.02.2018, set him at liberty H.C.P. 1863/2018:
1 B.KUMAR@METTI@MURUGAN AGED ABOUT 56 YEARS S/O.BALASUBRAMANIAM CONVICTION NO.15145 LIFE CONVICT; NOW HE IS CONFINED IN CENTRAL JAIL CUDDALORE-4.
..Petitioner 1 THE STATE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT HOME (PRISON IV) DEPARTMENT SECRETARIAT CEHNNAI.
2 THE INSPECTOR GENERAL OF PRISON OFFICE OF THE INSPECTOR GENERAL OF POLICE GANDHI IRVIN SALAI CHENNAI-8.
3 THE SUPERINTENDENT CENTRAL PRISON CUDDALORE-4.
...Respondents
HCP No.1863 of 2018 Constitution of India to issue a WRIT OF HABEAS CORPUS or appropriate writ order or to direct the respondents to produce the Petitioner namely B.Kumar@Metti Murugan, S/o.Balasubramaniam, Conviction No.15145, Life Convict, aged about 56 years, Now confined in Central Jail, Cuddalore-4, before this Hon'ble Court and directing the Respondent to consider to him under G.O.NO.64, home (prison IV) department dated on 01/02/2018 for premature release and set him at liberty. H.C.P. 2174/2018:
1 P.DURGA DEVI W/O. PALANISAMY 7/46 B.KAK NAGAR GOVT.
SCHOOL BACKSIDE KANUVAI COIMBATORE.
..Petitioner 1 SECY GOVT HPED CH THE GOVERNMENT OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT HOME (PRISON IV) DEPARTMENT FORT ST. GEORGE CHENNAI-9.
2 THE ADDITIONAL DIRECTOR THE ADDITIONAL DIRECTOR GENERAL OR PRISONS THALAMUTHU NATARAJAN MAALIGAI 2ND FLOOR GANDHI IRWIN ROAD EGMORE CHENNAI-8.
3 THE SUPERINTENDENT OF CENTRA L PRISON THE SUPERINTENDENT OF CENTRAL PRISON CUDDALORE.
HCP No.2174 of 2018 Constitution of India to issue a Writ, order or direction in the nature of Wirt of Habeas Corpus, directing the respondents herein to produce the detenue R.Palanisamy, Life Convict No.16133 now confined in Central Prison, Cuddalore before this Hon'ble Court and set the detenue at liberty as having become eligible for premature release by virtue of G.O.Ms.No.64, Home (Prison II) Department dated 01.02.2018 on the basis of Petitioner representation dated 08.02.2018.
H.C.P. 2715/2018:
1 H.NAJIRABANU W/O.HIDER RAHMAN NO.11-H ANDIYAPPAN STREET PILLAYAR KOVIL STREET KUMBAKONAM THANJAVOOR ..Petitioner/Sister of the Detenue 1 THE SECRETARY TO GOVERNMENT HOME PROHIBITION AND EXCISE DEPARTMENT SECRETARIAT CHENNAI - 9 2 THE ADDITIONAL DIRECTOR GENE RAL OF PRISONS GANDHI IRWIN ROAD EGMORE CHENNAI - 8 3 THE SUPERINTENDENT OF PRISONS CENTRAL PRISON TRICHY-20 HCP No.2715 of 2018 Constitution of India to call for the entire records from respondent No.2 in connection with order in No.37293/c pu.1/2009 dated 22.02.2010 and quash the same and directing the respondents to produce the petitioner's brother namely Abi Mohamed, S/o.Kathar Batsha, aged 40 years convict Prisoner No. 96141 now confined in Central Prison, Trichy. H.C.P. 2729/2018:
1 MOHAMMED GHOUSE S/O.JOHN BASHA NO.27 NEAR PALLI VAASAL G.
M.NAGAR BYE PASS ROAD SOUTH UKKADAM KOVAI ..Petitioner/Brother of the Detenue 1 THE SECRETARY TO GOVERNMENT OF TAMIL NADU HOME DEPARTMENT FORT ST.
GEORGE CHENNAI - 9 2 THE ADDITIONAL DIRECTOR GENE RAL OF PRISON C.M.D.A.TOWERS EGMORE CHENNAI - 8 3 THE SUPERINTENDENT CENTRAL PRISON KOVAI
HCP No.2729 of 2018 Constitution of India to directing the respondents to release the detenue, Mohammed Azam, S/o.John Basha, life convict prisoner, Convict No.10709 confined at Central Prison, Kovai, prematurely as per the G.Os.G.O.(Ms) No.1155 dated 11.09.2008 and G.O(Ms) No.64 dated 01.02.2018 H.C.P. 65/2019:
1 P.IYAPPAN S/O.PICHANDI CONVICT PRISONER NO.1441 CENTRAL PRISON-1 PUZHAL CHENNAI-600 066.
..Petitioner 1 THE STATE OF TAMIL NADU REP.
BY THE SECRETARY TO GOVERNMENT SECRETARIAT CHENNAI-600 009.
2 THE ADDITIONAL DIRECTOR GENE RAL OF PRISONS GANDHI IRWIN ROAD EGMORE CHENNAI-600 008.
3 THE SUPEINTENDENT OF PRISONS CENTRAL PRISONS-I PUZHAL CHENNAI-600 066.
HCP No.65 of 2019 Constitution of India to issue a Writ of Habeas Corpus directing the respondents to call for the entire records form respondent No.1 in connection with order in G.O.(D).No.162 dated 09.02.2017 and quash the same and directing the respondents to produce the petitioner namely P. Iyappan S/o. Pichandi aged 52 years life convict CT No. 1441 confined Central Prison I, Puzhal, Chennai. H.C.P. 153/2019:
1 V.MUTHUMANI S/O.VELAYUTHAM LIFE CONVICT PRISONER PRISONER NO.6962 SALEM CENTRAL PRISON SALEM ..Petitioner/Son of the Detenue
1 THE HOME SECRETARY(PRISON) HOME DEPARTMENT SECRETARIAT FORT ST.GEORGE CHENNAI-600 009.
2 ADDITIONAL DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISONS WHANNELS ROAD EGMORE CHENNAI-600 008.
3 THE SUPERINTENDENT OF PRISON VELLORE WOMENS CENTRAL PRISON VELLORE DISTRICT HCP No.153 of 2019 Constitution of India to direct the respondents to produce the petitioner's mother namely Madhammal W/o.Velayudham, Life Convict No.2500 A/60 Yrs detain in Women Central Prison, Vellore before this Honble Court and directing the respondents to consider her under G.O.Ms.No.64 dated 01.02.2018. for premature release.
H.C.P. 154/2019:
1 T.VINOTHITHA D/O.THANGAVELU NO.7/316 MUNDASU PURAVADAI A.JETTI HALLI POST NALLAMPALLI TALUK DHARMAPURI DISTRICT-636 807.
..Petitioner/Daughter of the Detenue 1 THE HOME SECRETARY (PRISON) HOME DEPARTMENT SECRETARIAT FORT ST.GEORGE CHENNAI-600 009.
2 ADDITIONAL DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISONS WHANNELS ROAD EGMORE CHENNAI-600 008 3 THE SUPERINTENDENT OF PRISON SALEM CENTRAL PRISON SALEM DISTRICT HCP No.154 of 2019 Constitution of India to direct the respondents to produce the
petitioner's father namely Velu@Thangavelu, Life Convict Prisoner, CTNo.8199 A/62 Yrs detain in Salem Central Prison, Salem before this Honble Court and directing the respondents to consider him under G.O.Ms.No.64 dated 01.02.2018 for premature release.
H.C.P. 164/2019:
1 N.MUMTAZ W/O.NASIR D.NO.21/43 IBRAHIM HAJIAR STREET SOUTH KOVAI KOVAI 641001 ..Petitioner/Sister of the Detenue 1 THE SECRETARY TO GOVERNMENT OF TAMILNADU DEPARTMENT OF HOME FORT ST.
GEORGE CHENNAI - 9 2 THE ADDITIONAL DIRECTOR GENE RAL OF PRISON CMDA TOWERS EGMORE CHENNAI -8 3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON PUZHAL CHENNAI HCP No.164 of 2019 Constitution of India to directing the respondents to release the life convict prisoner the detenue, Mohammed Khan @ Sirajudeen, aged about 52 years, S/o.Abdul Ragman Hussain Convict No.3345 prematurely as per the G.O.(Ms)No.64 dated 01.02.2018, the detenue, detained at Central Prison, Puzhal, Chennai.
H.C.P. 186/2019:
1 SAIFUNNISA W/O.MD.ZUBAIR@SHEIK JANU NO.55 BHILAL ESTATE SOUTH UKKADAM KOVAI-641 001.
..Petitioner/Wife of the Detenue 1 THE STATE REP. BY ITS THE SECRETARY TO GOVENMENT OF TAMILNADU DEPARTMENT OF HOME FORT ST.GEORGE CHENNAI- 600 009.
2 THE ADDITIONAL DIRECTOR GENE RAL OF PRISON C.M.D.A TOWERS EGMORE CHENNAI-600 008.
3 THE SUPERINTENDENT CENTRAL PRISON KOVAI HCP No.186 of 2019 Constitution of India to issue a Writ of Habeas Corpus or any other appropriate order or direction directing the respondents to release the life convict prisoner, the detenue, Mohammed Zubair @ Sheik Janu, S/o.Sheik Mohideen, A/48 Years Life Convict No.3243 prematurly as per the G.O.Ms.No.64 dated 01.02.2018 the detenue detained at Central Prison, Kovai.
H.C.P. 191/2019:
1 VISALAKSHI W/O.NAGENDRAN NO.299 17TH BLOCK SATHYAMURTHY NAGR VYASARPADI CHENNAI - 39 ..Petitioner/Wife of the Detenue 1 THE GOVERNMENT OF TAMIL NADU REP. BY ITS SECRETARY HOME (PRISON) DEPARTMENT FORT ST.GEORGE CHENNAI - 9 2 THE ADDITIONAL DIRECTOR GENE RAL OF POLICE AND INSPECTOR GENERAL OF PRISON TAMILNADU PRISON DEPARTMENT EGMORE CHENNAI - 8 3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON-I PUZHAL CHENNAI 4 THE SUPERINTENDENT OF PRISON CENTRAL PRISON VELLORE VELLORE HCP No.191 of 2019 Constitution of India to directing the respondents to produce the body of the petitioner's husband namely P.Nagendran s/o.Ponnusamy aged 50 years, life convict (No.1236), now confined in Central Prison-I, Puzhal, Chennai before this
Honourable Court and set the detenue at liberty as having become eligible for premature release as per G.O.Ms.No.64 Home Prison (IV) Department dated 01.02.2018.
H.C.P. 197/2019:
1 S.JAGATH KUMARI W/O.SASI KUMAR 95 CHAIRMAN RAJ NAGAR ERUKAMPENI METTUPALAYAM ROAD COIMBATORE- 641 043.
..Petitioner/Wife of the Detenue 1 THE STATE REPRESENTED BY ITS THE SECRETARY TO GOVERNMENT OF TAMILNADU DEPARTMENT OF HOME FORT ST.GEORGE CHENNAI- 600 009.
2 THE ADDITIONAL DIRECTOR GENE RAL OF PRISON C.M.D.A TOWERS EGMORE CHENNAI-600 008.
3 THE SUPERINTENDENT CENTRAL PRISON KOVAI.
HCP No.197 of 2019 Constitution of India to issue a Writ of Habeas Corpus or order or any direction in the nature of the writ of Habeas Corpus or any other appropriate order or direction directing the respondents to release the life convict prisoner, the detenue, N.Sasi Kumar, S/o.Nagaraj, life No. 5483 premature as per G.O.Ms.No.64 dated 01.02.2018 to the detenue detained at Central Prison, Kovai.
H.C.P. 201/2019:
1 A.SAVITHRI AMMAL W/O.AMAR SINGH 111 CHINNA THOTTAM MADHAKARAI SANDHAI COIMBATORE-105 ..Petitioner/Mother of the Detenue 1 THE STATE REP. BY ITS THE SECRETARY TO GOVENMENT OF TAMILNADU DEPARTMENT OF HOME FORT ST.GEOREGE CHENNAI- 600 009
2 THE ADDITIONAL DIRECTOR GENE RAL OF PRISON C.M.D.A TOWERS EGMORE CHENNAI-600 008.
3 THE SUPERINTENDENT CENTRLA PRISON KOVAI HCP No.201 of 2019 Constitution of India to directing the respondents to release the life convict Prisoner, the detenue, Kamal@ Poori Kamal, S/o.Amar Singh (late), life Convict No.2806 prematurely as per the G.O.(Ms).No.64 dt 01.02.2018 the detenue detained at Central Prison, Kovai.
H.C.P. 202/2019:
1 MATHAIYAN S/O.MUNUSAMY LIFE CONVICT PRISONER CENTRAL PRISON COIMBATORE ..Petitioner/Detenue 1 THE STATE OF TAMILNADU REP. BY THE SECRETARY TO GOVERNMENT HOME PROHIBITION AND EXCISE DEPARTMENT SECRETARIAT CHENNAI-600 009.
2 THE ADDITIONAL DIRECTOR GENE RAL OF POLICE AND INSPECTTOR GENERAL OF PRISONS GANDHI IRWIN ROAD EGMORE CHENNAI- 600 008.
3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON COIMBATORE HCP No.202 of 2019 Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the petitioner namely Mathaiyan, S/o.Munusamy, Life Convict, Aged 71 Yrs, now confined in the Central Prison, Coimbatore before the Honble Court, directing the Respondents to consider the Petitioner immediately under G.O.Ms.No.64 Home Prison IV, Department dated 01.02.2018 for premature release and set him at liberty.
H.C.P. 244/2019:
1 MEHABOOBJAN W/O.SARDAR N.H.ROAD THIRUMAL 4TH STREET COIMBATORE-1.
..Petitioner/Mother of the Detenue 1 THE STATE REPRESENTED BY ITS THE SECRETARY TO GOVERNMENT OF TAMILNADU HOME DEPARTMENT FORT ST.GEORGE CHENNAI-600 009.
2 THE ADDITIONAL DIRECTOR GENE RAL OF PRISON CMDA TOWERS EGMORE CHENNAI- 600 008.
3 THE SUPERINTENDENT CENTRAL PRISON COIMBATORE.
HCP No.244 of 2019 Constitution of India to issue a writ or order or orders or direction particularly in the nature of Writ of Habeas Corpus, directing the respondents to call for the records pertaining to the Impugned order G.O.(D) No.21, issued by the 1st respondent dated 07.01.19 and to quash the same and consequently direct the respondents to release the detenue Ashique S/o. Sardar, Life convict Prisoner convict No. 13112 detained at Central Prison Kovai 18 prematurly as per the G.O.Ms.No.1155 dated 11.09.2008 and G.O.Ms.No.64 dated 01.02.2018.
H.C.P. 270/2019:
1 KATHEEJA W/O. JAKIR HUSSAIN 53 RESMA GARDEN NORTH UKKADAM KOVAI-1 ..Petitioner/Wife of the Detenue 1 THE SECRETARY TO GOVERNMENT OF TAMILNADU DEPARTMENT OF HOME FORT ST.
GEORGE CHENNAI - 9
2 THE ADDITIONAL DIRECTOR GENE RAL OF PRISON CMDA TOWERS EGMORE CHENNAI -8 3 THE SUPERINTENDENT CENTRAL PRISON PUZHAL CHENNAI HCP No.270 of 2019 Constitution of India to direct the respondents to release the life convict prisoner the detenue, Jakir Hussain, S/o.Salaudeen life convict No.1770 prematurely as per the G.O.(Ms)No.64 dated 01.02.2018, the detenue, detained at Central Prison, Puzhal, Chennai H.C.P. 273/2019:
1 STELLA MERRY W/O.PANDIYAN NO.65 5TH CROSS STREET MALLIGAIPOO COLONY VIYASARPADI CHENNAI - 39 ..Petitioner/Wife of the Detenue 1 THE SECRETARY TO GOVERNMENT HOME PROHIBITION AND EXCISE DEPARTMENT SECRETARIAT CHENNAI - 9 2 THE ADDITIONAL DIRECTOR GENE RAL OF PRISONS GANDHI IRWIN ROAD EGMORE CHENNAI - 8 3 THE SUPERINTENDENT OF PRISONS CENTRAL PRISON-1 PUZHAL CHENNAI - 66 HCP No.273 of 2019 Constitution of India to directing the respondents to produce the petitioner's husband namely Pandiyan S/o.Mani, Ct.No.2416, now confined in the Central Prison-1, Puzhal, Chennai-66 before the Honourable Court and directing the respondents to consider the petitioner's husband for premature release and set him at liberty, and thus render Justice.
H.C.P. 277/2019:
1 P.JEEVAGAN S/O.PURUSOTHAMAN NO.189 PUTHIYA SUNNAMPU SULAI ERUMAPPALAYAM MAIN ROAD KICHIPALAYAM SALEM DISTRICT.
..Petitioner/Son in law of the Detenue 1 THE STATE OF TAMIL NADU REP BY THE SECRETARY TO GOVERNMENT HOME PROHIBITION AND EXCISE DEPARTMENT SECRETARIAT CHENNAI.
2 THE ADDITIONAL DIRECTOR GENE RAL OF POLICE AND INSPECTOR GENERAL OF PRISONS GANDHI IRWIN ROAD EGMORE CHENNAI.
HCP No.277 of 2019 Constitution of India to Writ directing the respondent to produce the petitioner's uncle namely Ravi S/O.Nataraj Life Convict Ct.NO.21183 aged about 58 years now confined in the Central Prison Trichy before the Honble Court and directing the respondent to consider the petitioner immediately under G.O.Ms.No.1155 Home Prison IV Department dated 11.09.2008 G.O.Ms.No.64 Home Prison IV, Department dated 01.02.2018 for premature release and set him at liberty.
H.C.P. 566/2019:
1 A.SIKKANDER S/O.ABDULRAZAK NO.221 MAJJID COLONY BYEPASS ROAD SOUTH UKKADAM KOVAI - 641 001 ..Petitioner/Brother of the Detenue 1 THE SECRETARY TO GOVERNMENT OF TAMILNADU DEPARTMENT OF HOME FORT ST.
GEORGE CHENNAI - 9 2 THE ADDITIONAL DIRECTOR GENE RAL OF PRISON CMDA TOWERS EGMORE CHENNAI -8
3 THE SUPERINTENDENT CENTRAL PRISON PUZHAL-I CHENNAI HCP No.566 of 2019 Constitution of India to directing the respondents to 1st respondent to call for the records pertaining to the impugned order G.O.(D) No.143, issued by the 1st respondent dated 07.02.2019 and to quash the same and consequently direct the respondents to release the detenue, A.Ibrahim @ Kootai Ibrahim convict No. 4661 S/o. Abdul Razak aged about 39 years prematurely confined at Central Prison, Puzhal I, Chennai as per G.O.Ms.No.1155 dated 11.09.2008 and G.O.Ms.No.64 dated 01.02.2018 H.C.P. 772/2019:
1 P.SIVARAMAN S/O.PANDURANGAN LCT NO.3142 CENTRAL PRISON PALAYAMKOTTAI TIRUNELVELI-627 002 ..Petitioner 1 THE SECRETARY HOME DEPARTMENT SECRETARIAT FORT ST.
GEORGE CHENNAI-600 009 2 THE SUPERINTENDENT OF PRISON PALAYAMKOTTAI CENTRAL PRISON TIRUNELVELI HCP No.772 of 2019 Constitution of India to pass an Order, Writ or a Direction, more particularly in the nature of a Writ of Habeas Corpus directing the Respondents to produce the body of the petitioner Mr.P.Sivaraman S/o.Pandurangan, aged about 42 years presently confined at the Palayamkottai Central Prison, Tirunelveli as Life convict No. 3142 before this Hon'ble Court and set him at liberty.
H.C.P. 1227/2019:
1 N.SAROJINI W/O.NATARAJAN NO.66/49 THULASINGAM STREET PUDUPET CHENNAI - 2 ..Petitioner
1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF HOME (PRISON IV) FORT ST.GEORGE CHENNAI - 9 2 THE ADDITIONAL DIRECTOR GENE RAL OF POLICE/ INSPECTOR GENERAL OF PRISONS EGMORE CHENNAI - 8 3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON CUDDALORE CUDDALORE DISTRICT HCP No.1227 of 2019 Constitution of India to directing the respondents to entitle the life convict Hariharan @ Hari for premature release in the light of G.O.Ms.No.64 dated 01.02.2018 and produce the life convict Hariharan @ Hari, S/o.Natarajan, Life convict No.14895, now confined in Central Prison, Cuddalore before Hon'ble Court and direct the Respondent to release him without any further delay.
H.C.P. 1314/2019:
1 J.ANTONY JAYAKUMAR S/O.JAYARAJ LIFE CONVICT (CT NO.5084) CENTRAL PRISON-I PUZHAL CHENANI - 66 ..Petitioner 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF HOME (PRISON IV) FORT ST.GEORGE CHENNAI - 9 2 THE ADDITIONAL DIRECTOR GENE RAL OF POLICE INSPECTOR GENERAL OF PRISONS EGMORE CHENNAI - 8 3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON-I PUZHAL CHENNAI - 66 4 THE DISTRICT COLLECTOR TRICHY
HCP No.1314 of 2019 Constitution of India to directing the respondents to entitle the petitioner life convict J.Antony Jayakumar for premature release in the light of G.O.(Ms) No.64 dated 01.02.2018 and produce the life convict J.Antony Jayakumar, S/o.Jayaraj, Life convict No.5084 aged about 50 years now confined in Central Prison I, Puzhal, Chennai before the Hon'ble Court and direct the respondent to release him without any further delay. H.C.P. 1329/2019:
1 D.MAIDEEN FATHIMU W/O.DHEEN D.NO.71/24 PERIYAKOTHABA PALLIVASAL MELATH THERU MELAPALAYAM TIRUNELVELI DISTRICT.
..Petitioner/Mother of the Lifer 1 THE SECRETARY TO THE GOVERNMENT OF TAMIL NADU DEPARTMENT OF HOME (PRISON IV) FORT ST. GEORGE CHENNAI-9.
2 THE SUPERINTENDENT OF CENTRA L PRISON CENTRAL PRISON PALAYAMKOTTAI TIRUNELVELI DISTRICT.
HCP No.1329 of 2019 Constitution of India Directing the Respondents to consider the representation of the petitioner dated 4.6.2019 by granting PREMATURE RELEASE of the Detenue D.SIDDIQ ALI @ SULTHAN, son of Dheen, LCT No.7368, now confined at Central Prison, Palayamkottai as per G.O.Ms.No.64/2018 dated 01.02.2018 passed by the first Respondent herein and set him at liberty. H.C.P. 1348/2019:
1 K.MOTTAIYAN@PERUMAL S/O.KARUPPANNAGOUNDAR LIFE CONVICT CT.NO.
79753 CENTRAL PRISON COIMBATORE.
..Petitioner 1 THE STATE OF TAMILNADU REP BY THE SECRETARY TO GOVERNMENT HOME PROHIBITION AND EXCISE DEPARTMENT SECRETARIAT CHENNAI-600 009.
2 THE DIRECTOR OF POLICE AND INSPECTOR GENERAL OF PRISONS GANDHI IRWIN ROAD EGMORE CHENNAI-600 008.
3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON COIMBATORE.
HCP No.1348 of 2019 Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the petitioner Mottaiyan @ Perumal, S/o.Karuppannagoundar, aged 52 years, Life Convict, Ct.NO.79753, now confined in the Central Prison, Coimbatore before the Honble Court and directing the Respondents to consider the Petitioner immediately under G.O.Ms.No.64 Home Prison IV, Department dated 01.02.2018 for premature release and set him at liberty. H.C.P. 1439/2019:
1 N.MOHAMED ILIAS S/O.NAINAR MOHAMED 4/117 KAMARAJ NAGAR BODIPATTI UDUMALAPET TALUK THIRUPPUR DISTRICT.
..Petitioner/Brother of the Detenue 1 THE STATE OF TAMIL NADU REP. BY ITS SECRETARY HOME DEPARTMENT FORT ST.GERORGE CHENNAI-600 009 2 THE SUPERINTENDENT OF PRISON CENTRAL PRISON MADURAI MADURAI DISTRICT HCP No.1439 of 2019 Constitution of India to directing the respondent to produce the detenue M.N.Ehasaan, S/o.Nainar Mohamed , CP No.4406 now confined at Central Prison, Madurai, before this Honble Court and set him at liberty by granting premature release to the detenue.
H.C.P. 1508/2019:
1 ANBU @ ANBALAGAN S/O.LINGANNA LIFE CONVICT CT NO.2236 CENTRAL PRISON VELLORE ..Petitioner
1 THE STATE OF TAMIL NADU REP. BY THE SECRETARY TO GOVERNMENT HOME PROHIBITION AND EXCISE DEPARTMENT SECRETARIAT CHENNAI-60 009 2 THE DIRECTOR GENERAL OF POLI CE AND INSPECTOR GENERAL OF PRISONS GANDHI IRWIN ROAD EGMORE CHENNAI-600 008 3 THE SUPERINTENDENT OF PRISONS CENTRAL PRISON VELLORE-2 HCP No.1508 of 2019 Constitution of India to directing the respondents to produce the petitioner namely Anbu@ Anbalagan, S/o.Linganna, Life Convict Ct.No.2236, now confined in the Central prison, Vellore, before the Honble court and directing the respondents to consider the petitioner immediately under G.O.Ms.No.64 Home Prison IV, Department dated 01.02.2018 for premature release. H.C.P. 1565/2019:
1 N.JAYAKUMAR S/O.NARENDRA KUMAR LIFE CONVICT(CT NO.2420) CENTRAL PRISON-1 PUZHAL CHENNAI-66.
..Petitioner 1 THE STATE OF TAMILNADU REP BY ADDITIONAL CHIEF SECRETARY TO GOVERNMET DEPARTMENT OF HOME (PRISON IV) FORT ST.GEORGE CHENNAI-600 009.
2 THE ADDITIONAL DIRECTOR GENERAL OF POLICE INSPECTOR GENERAL OF PRISONS EGMORE CHENNAI-600 008.
3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON-1 PUZHAL CHENNAI-600 066.
HCP No.1565 of 2019 Constitution of India to directing the respondents to entitle the petitioner life convict N.Jayakumar for premature release under the advisory board scheme and produce the life convict N.Jayakumar S/o.Narendra Kumar Life Convict No.2420 A/44 yrs now confined in Central prison Puzhal before Hon'ble Court and direct the Respondent to release without any further delay. H.C.P. 1750/2019:
1 S.KAVITHA W/O.DAMIDURAI NO.72 NADUPPRAPU VILLAGE NADUKKOMPAI SENTHAMANGALAM TALUK NAMAKKAL DISTRICT.
..Petitioner/Wife of the Detenue 1 THE STATE OF TAMIL NADU REP.
BY THE SECRETARY TO GOVERNMENT HOME PROHIBITION AND EXCISE DEPARTMENT SECRETARIAT CHENNAI-600 009.
2 THE DIRECTOR GENERAL OF POLI CE AND I.G.OF PRISONS GANDHI IRWIN ROAD EGMORE CHENNAI-600 008.
3 THE SUPERINTENDENT OF PRISON CETRAL PRISON COIMBATORE.
HCP No.1750 of 2019 Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the petitioner's husband namely, M.Samidurai S/o.Muthappaudaiyar aged 45 yrs, Life Convict, Ct.No.11385, confined in the central Prison, Coimbatore, and directing the respondents to consider the Petitioner's husband immediately under G.O.Ms.No.64 Home Prison IV, Department dated 01.02.2018 for premature release.
H.C.P. 1803/2019:
1 IQBAL MANSOORI @ IQBAL KHAN S/O.VASEER MANSOORI NO.32 KHALA BETTA MAGHSI SHAJAPUR DISTRICT MADHYA PRADESH (NOW CONFINED IN CENTRAL PRISON VELLORE) ..Petitioner
1 THE STATE REP.BY THE SECRETARY TO GOVERNMENT HOME (PRISON) DEPARTMENT ST.GEORGE FORT CHENNAI-600 009.
2 THE ADDITIONAL DIRECTOR GENE RAL OF POLICE (HEAD OF THE PRISONS) C.M.D.
A.TOWERS EGMORE CHENNAI-600 008.
3 THE SUPERINTENDENT CENTRAL PRISON VELLORE.
HCP No.1803 of 2019 Constitution of India to direct the respondents to release the petitioner Iqbal Mansoori @ Iqbal Khan S/o.Vaseer Mansoori, aged about 34 years, Convict No.733, a Life Convict, confined in Central Prison, Vellore, prematurely on the basis of the Government order passed in G.O.Ms.No.64 dated 01.02.2018 to secure end of Justice.
H.C.P. 1806/2019:
1 KRISHNAN S/O.KANNIYAKULAM A COLONY T.P.PURAM UTHUKOOTTAI CIRCLE THIRUVALLORE DISTRICT.
..Petitioner/Father of the Detenue 1 STATE REP.BY THE SECRETARY TO GOVERNMENT HOME DEPARTMENT SECRETARIAT FORT ST.GEORGE CHENNAI-600 009.
2 THE DISTRICT COLLECTOR AND CHAIRMAN THE ADVISORY BOARD FOR THE PREMATURE RELEASE OF LIFE CONVICTS THIRUVELLORE DISTRICT.
3 THE ADDITIONAL DIRECTOR GENE RAL OF POLICE INSPECTOR GENERAL OF PRISONS TAMIL NADU PRISON DEPARTMENT CHENNAI-8.
4 THE SUPERINTENDENT OF POLICE CENTRAL PRISON PUZHAL CHENNAI.
HCP No.1806 of 2019 Constitution of India to issue a Writ of Habeas Corpus or any other appropriate writ or direction to directing the respondents herein to produce petitioner's son Thiru.Baskar (detenue) before this Honble court and it is further prayed that this Honble court may be pleased to set him at liberty.
H.C.P. 1821/2019:
1 N.THAMIZHVANAN S/O.NAAGARAJAN PILLAYAR KOIL STREET PILLUR POST VILLUPURAM TALUK VILLUPURAM-605 103.
..Petitioner/Father of the Detenue 1 THE SECRETARY DEPARTMENT OF HOME (PRISON) SECRETARIAT FORT ST.GEORGE CHENNAI-600 009.
2 THE ADDITIONAL DIRECTOR GENE RAL OF PRISONS WANELS ROAD EGMORE CHENNAI- 600 008.
3 THE SUPERINTENDNET OF POLCE CENTRAL PRISON CUDDALORE.
HCP No.1821 of 2019 Constitution of India to issue a writ order or direction particulary writ in the nature of Writ of Habeas Corpus directing the respondents to release the detenu Nagarajan, S/o.Vellaiyan@Nallathambi, aged about 53 years, on premature release in considering G.O.(Ms).No.64/Home Prison (IV) Department/2018 dated 01.02.2018 on the file of the first Respondent herein now confined at Central Prison,Cuddalore and set him at liberty.
H.C.P. 1861/2019:
1 S.MANIMARAN S/O.SOLAI LIFE CONVICT CT.NO.761 CENTRAL PRISON-1 PUZHAL CHENNAI ..Petitioner/Detenue 1 THE STATE OF TAMIL NADU REP BY THE SECRETARY TO GOVERNMENT HOME PROHIBITION AND EXCISE DEPARTMENT SECRETARIAT CHENNAI-009 2 THE DIRECTOR GENERAL OF POLI CE AND INSPECTOR GENERAL OF PRISONS GANDHI IRWIN ROAD EGMORE CHENNAI-008 3 THE SUPERINTENDENT OF PRISONS CENTRAL PRISON-1 PUZHAL CHENNAI-066 HCP No.1861 of 2019 Constitution of India to directing the respondents to produce the petitioner namely S.Manimaran, S/o.Solai, aged about 45 years, now confined in the Central Prison-1, Puzhal, Chennai066, before the Court and directing the respondents to consider the petitioner immediately under G.O.Ms.No.64 Home Prison IV, Department dated 01.02.2018 for premature release and set him at liberty.
H.C.P. 1869/2019:
1 N.SIVASURYA NARAYANAN@ SURESH S/O.NALLAKKANNU LIFE CONVICT CT.NO.1258 CENTRAL PRISON-I PUZHAL CHENNAI.
..Petitioner 1 THE STATE OF TAMILNADU REP BY THE SECRETARY TO GOVERNMENT HOME PROHIBITION AND EXCISE DEPARTMENT SECRETARIAT CHENNAI-600 009.
2 THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISONS GANDHI IRWIN ROAD EGMORE CHENNAI-600 008.
3 THE SUPERINTENDENT OF POLICE CENTRAL PRISON-I PUZHAL CHENNAI-600 066.
HCP No.1869 of 2019 Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the petitioner namely Sivasurya Narayanan@Suresh, S/o.Nallakkannu, aged about 45 years, now confined in the Central Prison-I, Puzhal, Chennai-600 066, before the Honble Court and directing the respondents consider the Petitioner immediately under G.O.Ms.No.64 Home Prison IV Department dated 01.02.2018 for premature release. For Respective Petitioners in all H.C.P's :Mr. P. Pugalenthi For Respective Respondents in all H.C.P's :Mr. C. Emalias, Additionl Advocate General assisted by Mr. R. Prathap Kumar Additional Public Prosecutor COMMON ORDER (Order of the Court was made by R.
Subbiah, J) These Habeas Corpus Petitions are filed by the petitioners, seeking to release the respective detenu, who is undergoing sentence of imprisonment imposed by a Court of competent jurisdiction in various prisons across the State, by extending the benefit of G.O. Ms. No.64, Home (Prison-IV) Department dated 01.12.2018 and similar other Government Orders issued by the State for pre-mature release of the convicts. 2.
The Governor of Tamil Nadu, in exercise of power conferred under Article 161 of the Constitution of India, issued various Government Orders, from time to time, to remit the unexpired portion of sentence imposed on the life convicts undergoing incarceration across various Prisons in the State for their pre-mature release. In these batch of cases, the petitioners would contend that the respective detenu, undergoing incarceration in various prisons across the State, is entitled
to be considered for pre-mature release on the basis of the order passed by the Government. However, the claim of the petitioners for such pre-mature release of the convict has not been considered by the Government and therefore, the petitioners have come up with the present Habeas Corpus Petitions. 3.
The core question involved in these Habeas Corpus Petition for determination is whether the Habeas Corpus Petitions are maintainable and a direction can be issued to the respective respondents for pre-mature release of a detenu, by declaring the detention of the detenu as illegal, when he/she has been convicted by a competent Court, after due trial. 4.
In this context, the learned Additional Public Prosecutor appearing for the respondents brought to the notice of the latest decision rendered by the Honourable Supreme Court on 23.01.2020 in Criminal Appeal No. 144 of 2020 in the case of (The Home Secretary (Prison) and others Vs. H. Nilofer Nisha) wherein it was held that a Habeas Corpus Petition for pre-mature release of a life convict is not maintainable when his or her conviction is on the basis of the Judgment passed by a Competent Court of Jurisdiction after due trial. In Para Nos. 14, 29, 30 and 31, it was held by the Honourable Supreme Court as follows:- "14.
It is a settled principle of law that a Writ of habeas corpus is available as a remedy in all cases where a person is deprived of his/her personal liberty. It is processual writ to secure liberty of the citizen from unlawful or unjustified detention, whether a person is detained by the State or is in a private detention. As Justice Hidayatullah (as he then was) held: "The writ of habeas corpus issues not only for release from detention by the State but also for release from private detention. At the same time, the law is well established that a writ of habeas corpus will not lie and such a prayer should be rejected by the Court where detention or imprisonment of the person whose release is sought for is in accordance with the decision rendered by a court of law or by an authority in accordance with law.
..........
29.
Learned Senior counsel for the detenus while referring to Rules 11, 12 and 13 submitted that unless the petitioners in terms of Rule 12 mentions the detention order, name of the prison where the detenu is detained, prison number and does not challenge the order of detention, the writ would not be entertained. What description
has to be given to a writ is for the High Court to decide. But the Rules cannot confer jurisdiction which is not conferred by the constitution. We are even otherwise unable to accept the argument of the learned Senior counsel for the detenus because the Rules obviously deal with cases of detention/preventive detention where the detenu is under custody. If that custody is legal then obviously no writ of habeas corpus can be issued for release of the detenu. We are also of the view that merely because the Rules provide that in the petition details of the detention order, prison etc., have to be given does not mean that the writ of habeas corpus cannot be issued where the Rules are silent. The Rules cannot override the Constitution.
30. As already mentioned above, it is well settled law that even if the detenu is in private detention then also a writ of habeas corpus petition would lie. If the Rules are to be the masters and not the constitution, then, probably in the Madras High Court no writ of habeas corpus would be entertained in the case of private detention. This would be against the spirit of the constitution of India. Therefore, we are clearly of the view that reference to the Rules is of no aid whatsoever.
31. The issue before us in the present case is whether the High Court can direct the release of a petitioner under G.O. (Ms) No.64 dated 01.02.2018. We do not think so. In all these cases, representations made by the detenus had not been decided. In our view, the proper course for the Court was to direct that the representations of the detenus be decided within a short period. Keeping in view the fact that the Scheme envisages a report of the Probation Officer, a reference by the District Level Committee and thereafter the matter has to be placed before the concerned Range Deputy Inspector General and before Regional Probation Officer and thereafter before the State Level Committee, we feel that it would be reasonable to grant 2 - 3 months depending on the time when the representation was filed for the State to deal with them. When the petition is filed just a few days before filing the representation then the Court may
be justified in granting up to 3 months' time to consider the same. However, if the representation is filed a couple of months earlier and the report of the Probation Officer is already available then lesser time can be granted. No hard and fast timelines can be laid down but the Court must give reasonable time to the State to decide the representation. We are clearly of the view that the Court itself cannot examine the eligibility of the detenu to be granted release under the Scheme at this stage. There are various factors, enumerated above, which have to be considered by the committees. The report of the Probation Officer is only one of them. After that, the District Committee has to make a recommendation and finally it is the State Level Committee which takes a final call on the matter.
We are clearly of the view that the High Court erred in directing the release of the detenu forthwith without first directing the competent authority to take a decision in the matter. Merely because a practice has been followed in the Madras High Court of issuing such type of writs for a long time cannot clothe these orders with legality if the orders are without jurisdiction. Past practice or the fact that the State has not challenged some of the orders is not sufficient to hold that these orders are legal."
5.
Thus, it is evident from the above decision of the Honourable Supreme Court that this Court cannot decide the eligibility of a detenu for his or her pre-mature release by issuing a Writ of Habeas Corpus. We are also of the opinion that it is a matter for the Government to take a final call for pre-mature release of a detenu by considering various factors. Therefore, the prayer sought for in these Habeas Corpus Petition to produce the respective detenu before this Court and to set him or her at liberty by extending them the benefit of the order of the State Government for grant of pre-mature release cannot be countenanced. As observed by the Honourable Supreme Court, unless the fundamental right or personal liberty of a detenu is not deprived, a Writ of Habeas Corpus cannot be issued especially when the detention of the detenus in these cases is on the basis of a Judgment of conviction passed by the competent Court having jurisdiction. Therefore, all these Habeas Corpus Petitions are liable to be dismissed.
6.
In the result, all the Habeas Corpus Petitions are dismissed. No costs.
s/d- Assistant Registrar(CS III) True Copy Sub-Assistant Registrar rsh TO 1.THE SECRETARY TO GOVERNMENT STATE OF TAMIL NADU HOME, PROHIBITION AND EXCISE DEPARTMENT SECRETARIAT, CHENNAI - 600 009
2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE & INSPECTOR GENERAL OF PRISONS GANDHI IRWIN ROAD, EGMORE CHENNAI - 600 008
3. THE SUPERINTENDENT OF PRISON CENTRAL PRISON, PUZHAL CHENNAI - 600 066 4.THE ADDITIONAL DIRECTOR GENERAL OF POLICE C.M.D.A. TOWERS EGMORE CHENNAI 600 008.
5. THE SUPERINTENDENT CENTRAL PRISON COIMBATORE
6. THE SECRETARY TO THE GOVERNMENT HOME PRISON DEPARTMENT FORT. ST. GEORGE CEHNNAI.
7. THE ADDITIONAL DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISONS TAMILNADU PRISON DEPARTMENT EGMORE CHENNAI-8.
8. THE SUPERINTENDENT OF PRISON CENTRAL PRISON I, PUZHAL, CHENNAI
9. THE SUPERINTENDENT OF PRISON CENTRAL PRISON, VELLORE, VELLORE
10. THE ADDITIONAL DIRECTOR GENERAL OF PRISONS GANDHI IRWIN ROAD EGMORE CHENNAI - 8
11. THE SUPERINTENDENT CENTRAL PRISON PUZHAL CHENNAI
12. THE HOME SECRETARY(PRISON) HOME DEPARTMENT SECRETARIAT FORT ST.GEORGE CHENNAI-600 009.
13. ADDITIONAL DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISONS WHANNELS ROAD EGMORE CHENNAI-600 008.
14. THE SUPERINTENDENT OF PRISON SALEM CENTRAL PRISON SALEM DISTRICT
15. THE SUPERINTENDENT OF PRISON VELLORE WOMENS CENTRAL PRISON VELLORE DISTRICT
16. THE SUPERINTENDENT OF PRISONS CENTRAL PRISON TRICHY 20.
17. THE GOVERNMENT OF TAMIL NADU REP BY SECRETARY TO GOVERNMENT HOME PRISON IV DEPARTMENT FORT. ST. GEORGE CHENNAI 9.
18. THE ADDITIONAL DIRECTOR GENERAL OF PRISON THALAMUTHU NATARAJAN MAALIGAI 2ND FLOOR GANDHI IRWIN ROAD, EGMORE CHENNAI 8.
19. THE SUPERINTENDENT CENTRAL PRISON CUDDALORE
20. THE SUPERINTENDENT OF PRISON PALAYAMKOTTAI CENTRAL PRISON, TIRUNELVELI
21. THE DISTRICT COLLECTOR TRICHY
22. THE SUPERINTENDENT OF PRISON CENTRAL PRISON, MADURAI, MADURAI DISTRICT
23. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT HOME PRISON IV DEPARTMENT FORT. ST. GEORGE CHENNAI 9.
24. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISONS GANDHI IRWIN ROAD EGMORE CHENNAI-8
25. THE ADDITIONAL DIRECTOR GENERAL OF POLICE (HEAD OF THE PRISONS) CMDA TOWERS EGMORE CHENNAI -8
26. THE DISTRICT COLLECTOR AND CHAIRMAN THE ADVISORY BOARD FOR THE PREMATURE RELEASE OF LIFE CONVICTS THIRUVELLORE DISTRICT.
27. THE JOINT SECRETATY TO GOVERNMENT PUBLIC (LAW AND ORDER) FORT. ST. GEORGE CHENNAI 9.
+1 CC to Mr.P. Saravanan, Advocate sr 17245 +1 CC to Mr.C.D. Sugumar, Advocate sr 17104 +1 CC to Mr.R. Rajan, Advocate sr 17008 +3 Ccs to Mr.G. Ravikumar, Advocate sr 17456, 17455, 17454 HCP NO. 609 OF 2017 ETC., BATCH VGII, PVS(CO) SP(13/08/2020)