P.Karthiyammal v. S.K.Prabhakar, I.A.S.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN Cont P(MD)No.725 of 2020 in H.C.P(MD)No.1388 of 2018 P.Karthiyammal ... Petitioner -vs1.S.K.Prabhakar, I.A.S., Additional Chief Secretary to Government, Home (Prison IV) Department, Secretariat, Fort St George, Chennai-600 009.

2.Sunilkumar Singh, I.P.S., The Director General of Prison, Egmore, Chennai-600 008.

3.D.Pazhani Avl., The Deputy Inspector General of Prison, Department of Prison, Madurai Range, Madurai-16.

4.Urmila, The Superintendent of Prison, Central Prison, Madurai-16.

... Contemnors/Respondents Nos.1 to 4/ Respondents 2 to 5 PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, 1971, to initiate contempt proceedings against the Contemnors/Respondents Nos.1 to 4 and punish them for the willful disobedience of the Order of this Court in H.C.P(MD)No.1388 of 2018, dated 22.08.2019.

Prayer in H.C.P(MD)No.1388 of 2018:

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to treat the petitioner's son namely Kandasamy @ Kabilan (C.P.No.4706) as an eligible life convict prisoner for premature release by G.O.(Ms). NO.64, dated 01.02.2018, passed by the second respondent and set him at liberty.

1/3

For Petitioner :

Mr.T.Thirumurugan For Respondents :

Mr.K.Chellapandian, Additional Advocate General Assisted by Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] Heard Mr.T.Thirumurugan, learned counsel appearing for the petitioner and Mr.K.Chellapandian, learned Additional Advocate General, Assisted by Mr.K.Dinesh Babu, learned Additional Public Prosecutor, appearing for the respondents and perused the materials available on record.

2. This contempt petition has been filed alleging willful disobedience of the order of this Court, dated 22.08.2019 passed in H.C.P(MD)No.1388 of 2018.

3. The learned Additional Advocate General appearing for the respondents would state that the order passed in the Habeas Corpus Petition has been complied with. The Government passed a G.O (Ms) No.91, Home (Prison-IV) Department, dated 18.02.2021 granting premature release to the convict Kandasamy @ Kabilan. The order is placed for perusal of this Court and the same is taken on file.

4. In the light of the above facts, the contempt petition is dismissed.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) am Note :

(ii) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

2/3

To 1.Mr.S.K.Prabhakar, I.A.S., Additional Chief Secretary to Government, Home (Prison IV) Department, Secretariat, Fort St George, Chennai-600 009.

2.Mr.Sunilkumar Singh, I.P.S., The Director General of Prison, Egmore, Chennai-600 008.

3.Mr.D.Pazhani Avl., The Deputy Inspector General of Prison, Department of Prison, Madurai Range, Madurai-16.

4.Mrs.Urmila, The Superintendent of Prison, Central Prison, Madurai-16.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Cont P(MD)No.725 of 2020 15.03.2021 TP(CO) TR(24.03.2021) 3P 6C 3/3