G.Manjula v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2023 Coram The Hon'ble Mr. Justice M.SUNDAR and The Hon'ble Mr. Justice M.NIRMAL KUMAR G.Manjula W/o.D.Karthikeyan ... Petitioner -vs1.The State rep. by The Home Secretary [Prison-IV] Home Department Secretariat, Fort. St.George Chennai - 600 009 2.The Director General of Prison and Inspector General of Prisons Whannels Road, Egmore Chennai - 600 008

3. The Superintendent of Police Coimbatore Central Prison Coimbatore District.

... Respondents

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to release the detenue namely Balasubramanian, S/o.Muthusamy, Life convict prisoner [C.P.No.12644] aged about 75 years detain in Coimbatore Central Prison, Coimbatore, prematurely based on the petitioner's representation dated 17.10.2022.

For Petitioner :

Mr.M.Mohamed Saifulla for Mr.W.Camyles Gandhi For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

[Order of the Court was made by M.SUNDAR, J.] Captioned writ petition has been filed with a prayer to Mandamus the first respondent to release [premature release] Mr.Balasubramanian [son of Mr.Muthusamy], a life convict prisoner [C.P.No.12644] aged 75 years. 2.Mr.Mohamed Saifulla, learned counsel representing counsel on record for writ petitioner submits that a representation in this regard dated

17.10.2022 has been sent but there is an inaction and that has necessitated the presentation of captioned writ petition in this Court on 02.11.2022. 3.Elaborating on the above, learned counsel for petitioner submits that the convict prisoner is in very poor health and therefore, the plea for premature release is predicated on Rule 632 of Tamil Nadu Prison Rules, 1983 [hereinafter referred as 'said Rules' for the sake of convenience and clarity]. To be noted, said Rules is a piece of subordinate legislation made under the Prison Act, 1894.

4.Mr.R.Muniyapparaj, learned Additional Public Prosecutor adverting to the aforementioned representation dated 17.10.2022 and ground B at Page No.4 of the writ affidavit submits that while the representation talks about premature release under G.O.Ms.No.488 Home [Prison-4] Department dated 15.11.2021, ground B talks about release under Rule 632 of said Rules.

5.Faced with the above situation, learned counsel for writ petitioner, on instructions, submitted that premature release of the aforementioned convict prisoner is being sought only under Rule 632 of said Rules, i.e. Rule 632 captioned 'Release of Sick Prisoners'. This submission is recorded. 6.Learned counsel submits that it will serve the purpose if there is a directive to the respondents to consider the aforementioned representation dated 17.10.2022 as a representation under Rule 632 of said Rules and pass orders within a time frame.

7.For the sake of convenience and clarity, we deem it appropriate to scan and reproduce the aforementioned representation dated 17.10.2022 placed before us as part of the case file. The scanned reproduction is as follows:

8.The first respondent is directed to consider the aforementioned representation dated 17.10.2022 treating the same as a plea under Rule 632 of the Rules and take a decision 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 a time frame of four weeks from today, i.e. on or before 22.02.2023. To be noted, this court is informed that the decision has to be taken by the first respondent. The decision taken by the first respondent shall be communicated to the detenu and the writ petitioner with due acknowledgement within seven working days from the date of decision. 9.Captioned writ petition is disposed of with the aforementioned directive. There shall be no order as to costs. (M.S,J.) (M.N.K.,J.) 25.01.2023 Index:Yes/No cse

To 1.The Home Secretary [Prison-IV] Home Department Secretariat, Fort. St.George Chennai - 600 009 2.The Director General of Prison and Inspector General of Prisons Whannels Road, Egmore Chennai - 600 008

3. The Superintendent of Police Coimbatore Central Prison Coimbatore District.

M.SUNDAR, J.

and M.NIRMAL KUMAR, J.

cse 25.01.2023