Mohammed Ghouse v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH THE HONOURABLE MR. JUSTICE SUNDER MOHAN Mohammed Ghouse ... Petitioner Vs.

The State represented by its 1.The Secretary to Government of Tamilnadu Home Department Fort St. George Chennai-600 009 2.The Superintendent Central Prison Coimbatore ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the rejection order No.G.O.(Ms)No.1049, dated 27.07.2022 issued by the 1st respondent and quash the same and consequently direct the 1st respondent to release the detenu, Mohammed Azam, S/o. John Basha, Convict No.10709, detained at Central Prison, Coimbatore prematurely as per the G.O.(Ms.)No.1155 dated 11.09.2008 and

G.O.(Ms).No.64 dated 01.02.2018.

For Petitioner : Dr.S.Manoharan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

SUNDER MOHAN , J.

The limited prayer sought for in the present writ petition is to call for the records pertaining to the rejection order No.G.O.(Ms)No.1049, dated 27.07.2022 issued by the 1st respondent and quash the same and consequently direct the 1st respondent to release the detenu, Mohammed Azam, S/o. John Basha, Convict No.10709, detained at Central Prison, Coimbatore prematurely as per the G.O.(Ms.)No.1155 dated 11.09.2008 and G.O.(Ms).No.64 dated 01.02.2018.

2. In the counter affidavit filed by the respondents, it is stated that the case of the life convict for a pre-mature release is under consideration in G.O.(Ms) No.430, Home (Prison-IV) Department, dated 11.08.2023 and that they are awaiting notification of the Tamil Nadu Prison Rules, 1983.

3. In the light of the above submissions, there shall be a direction to the 1st respondent to consider the premature release of the petitioner's husband under G.O.(Ms) No.430, Home (Prison-IV) Department, dated 11.08.2023 and pass final orders within a period of four (4) weeks from the date of receipt of a copy of this order.

4.This writ petition stands disposed of accordingly. [M.S.R., J] [S.M., J] 16.07.2024 (2/2) kas Index: Yes/No To 1.The Secretary to Government of Tamilnadu Department of Home Fort St. George, Chennai-600 009.

M.S.RAMESH, J.

SUNDER MOHAN , J.

kas 2.The Superintendent Central Prison Coimbatore 3.The Public Prosecutor, High Court of Madras, Chennai 600 104 16.07.2024 (2/2)