S.Jimmi Pandi v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI HCP [MD]No.1281 of 2016 S.Jimmi Pandi : Petitioner Vs.

State represented by

1. The Principal Secretary to the Government, Home (Prison IV) Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Director General of Prisons, CMDA Towers II, No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008.

3. The Deputy Inspector General of Prisons, Madurai Range, Central Prison Campus,

4. The Inspector of Police, Silaiman Police Station, Madurai.

(Crime No.181 / 2005)

5. The Superintendent of Prison, Central Prison, : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus directing the respondents 1 to 5 to produce the petitioner (detenue, S.Jimmi Pandi son of Santhana Thevar) convicted prisoner No.4722, Central Prison, Madurai aged about 60 years before this Court, who is under illegal detention in the central prison, Madurai and set him at liberty forthwith.

For Petitioner : Mr.P.Pethu Rajesh For Respondents : Mr.K.Chellapandian, Additional Advocate General assisted by Mr.K.Dinesh Babu, Additional Public Prosecutor

ORDER

[Order of the Court was made by S.VIMALA, J] This petition has been filed claiming that even though the petitioner is entitled to grant of remission under various Government Orders issued, the petitioner has been treated differently in the not granting of the remission, even though while the other prisoners who are similarly placed have been granted remission.

2.The respondents have filed a counter stating that it is a prerogative of the Government to consider the remission and the writ petition is not maintainable.

3. No doubt, it is a prerogative of the Executive to consider the case of the remission, as claimed by the petitioner. However, as it is claimed that there is discrimination in the consideration and that the discretion has not been properly exercised by the Executive, we direct the respondents to consider the claim of the petitioner, in the light of the representation made, apart from the averments made in this writ petition and in the light of the law applicable and to pass orders, within a period of three months from the date of receipt of a copy of this order.

4.With the above directions, this Habeas Corpus Petition is disposed of. No costs.

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary to the Government, Home (Prison IV) Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Director General of Prisons, CMDA Towers II, No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008.

3. The Deputy Inspector General of Prisons, Madurai Range, Central Prison Campus,

4. The Inspector of Police, Silaiman Police Station, Madurai.

5. The Superintendent of Prison, Central Prison,

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

+ 1 CC TO Mr.P.PETHU RAJESH, ADVOCATE IN SR No. 57812 DAS/RMI/SRK TE/SB/SAR-1 : 10/07/2018 : 3P/8C ORDER MADE IN HCP [MD]No.1281 of 2016 26.03.2018