Seenath v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Third day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice M.SUNDAR and The Hon`ble Mr.Justice R. SAKTHIVEL IN WP(MD) No.25085 of 2022 SEENATH ... PETITIONER Vs 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, O/O. THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME (PRISON IV) DEPARTMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI.
2 THE ADDITIONAL DIRECTOR GENERAL OF PRISON, O/O. THE ADDITIONAL DIRECTOR GENERAL OF PRISON, WHANNELS ROAD, EGMORE, CHENNAI.
3 THE SUPERINTENDENT OF CENTRAL PRISON, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.
... RESPONDENTS 1/24
Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to direct the Respondent No.2 and 3 to grant Interim parole for a period of 6 months to Petitioners son namely Rahmathullah who is a life convict in a murder case and languishing in Palayankottai Central Prison for the past 24 years by considering the affidavit along with the writ petition on W.P.(MD) No. 25085 of 2022. Prayer in WP(MD). 25085/ 2022 :
To issue a Writ of Certiorarified Mandamus, to call for the records of Impugned G.O.(D).NO. 108 dated on 29.01.2022 issued by the respondent No.2 and quash the same as bad in law and direct the respondent No.2 to release the petitioners son prematurely on considering the relevant G.Os. ORDER : This Writ Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.MOHAMED ALI JINNAH, Advocate for the petitioner and of MR.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondents, the court made the following order:- [Order of the Court was made by M.SUNDAR, J.] This order will now dispose of the captioned 'Writ Miscellaneous Petition' ['WMP' for the sake of brevity, convenience and clarity].
2. In the captioned WMP, interim bail [described as interim parole in the prayer] has been sought. The main Writ Petition ie., W.P.[MD]No.25085 of 2022 is qua premature release.
3. Short facts [shorn of particulars not imperative for appreciating this order] are that the petitioner's son one Thiru.Sadiq @ Khan @ Rahamathullakhan, son of Jalaludheen is a prison inmate ie., convict prisoner, who was convicted and sentenced to imprisonment for life vide judgment dated 07.10.2003 in S.C.No.140 of 2000 on the file of Session Court, Fast 2/24
Track Court II, Tiruchirappalli; that this conviction and sentence was assailed in this Court by way of Criminal Appeal in Crl.A.(MD)No.1807 of 2003 and the same came to be dismissed; that the same was carried to Hon'ble Supreme Court unsuccessfully; that the learned counsel for Writ Petitioner and the learned Additional Public Prosecutor submit without any disputation that the prison inmate has already served more than 23 years of sentence; that a representation sent seeking premature release of the convict prisoner came to be negatived vide G.O.(D).No.108, Home (Prison-IV) Department, dated 29.01.2021, which has been assailed in the main Writ Petition; that the prison inmate was convicted on 07.09.2006 in another case being S.C.No.8 of 2003 on the file of Sessions Court for Exclusive Trial of Bomb Blast Cases Poonamallee; that the sentence was for seven years; that the directive was for the sentence to run concurrently and therefore, the prison inmate has served the sentence as regards this conviction is concerned.
4. Learned counsel for petitioner and learned Additional Public Prosecutor submit that the case on hand is directly and squarely covered by an order dated 29.09.2023 in W.M.P.No.27482 of 2023 in W.P.No.16127 of 2020, which reads as follows: 3/24
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5. A perusal of the aforementioned 29.09.2023 order will make it clear that the same has been made by respectfully following interim bail that was granted by Hon'ble Supreme Court in Sikkander case [Sikkander Vs. The State and others, Special Leave to Appeal (Crl.) No.12784 of 2022] and Sardar Khan case [Sardar Khan Vs. State and others, Special Leave to Appeal (Crl.) No.10176 of 2022]. Both of which have been alluded to in paragraph 7 of the aforementioned order. To be noted, both orders of Hon'ble Supreme Court ie., orders in Sikkander case and Sardar Khan case have also been scanned and reproduced in paragraph 7 of the aforementioned order.
6. Be that as it may, this Court is informed by learned Public Prosecutor that pursuant to aforementioned 29.09.2023 order, the prison inmate therein [Thiru Harun Basha] was released on 09.10.2023. In other words, in the aforementioned Harun Basha case, the order has been complied with and there has been nothing untoward after release, is learned Additional Public Prosecutor's say. It is also to be noted that there is no disputation or contestation that the captioned matter is directly and squarely covered by Harun Basha case which in turn has been made by respectfully following Hon'ble Supreme Court order in Sikkander case and Sardar Khan case.
7. In the aforesaid scenario, this Bench is informed that a Hon'ble Division Bench in the Principal seat has granted interim bail orders in series of matters and the details are as follows:
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S.No Convict Name & Central Prison Supreme Court Orders / High Court orders Remarks ........
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Life convict No.3244 SA.Batcha, S/o.Abdul Rahman, C.P., Coimbatore W.M.P.No.30083 of 2023 in W.P.No.30464 of 2023, dated 18.10.2023 The Hon'ble High Court of Madras granted 3 months interim bail to the prisoner. He was released on bail on 20.10.2023 Life convict No.1770, Jahir Hussain, S/o.Salaudeen, C.P-1, Puzhal W.M.P.No.27591 of 2023 in W.P.No.2521 of 2023, dated 06.10.2023 The Hon'ble High Court of Madras granted 3 months interim bail to the prisoner. He was released on bail on 18.10.2023 Life convict No.18818, Shahul Hameed, S/o.Ibrahim, C.P., Coimbatore W.M.P.No.27483 of 2023 in W.P.No.10020 of dated 06.10.2023 The Hon'ble High Court of Madras granted 3 months interim bail to the prisoner. He was released on bail on 17.10.2023 .......
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8. The aforementioned tabulation will show that the orders made by a Hon'ble Coordinate Bench in the principal seat have also been complied with and the respective prison inmates have been released on various dates which have been set out in column 4 of the aforementioned tabulation.
9. In addition to Sikkander case and Sardar Khan case attention of this Court is drawn to Babu @ Oomai Babu case [Jasmin Vs. The State of Tamil Nadu @ another] wherein, Hon'ble Supreme Court in and by an order dated 14.07.2023 in Special Leave to Appeal (Crl.) Nos.278-279 of 2023, granted interim bail and released the prison inmate on interim bail under similar circumstances. This Court is informed that in the case on hand also 21/24
recommendation has been already made by the executive arm and the process is at the same stage as in Babu @ Oomai Babu case. To be noted, prison inmate 'Babu @Oomai Babu' will be referred to as 'Jasmin's case' as Jasmin is the petitioner therein.
10. The narrative thus far will show that the prison inmate in the captioned matter Thiru.Sadiq @ Khan @ Rahamathullakhan, son of Jalaludheen has remained incarcerated for over 23 years now. As already alluded to supra, we notice that the premature release process is on its very last limb. Therefore, respectfully following the interim bails and orders in this regard made by Hon'ble Supreme Court in Sikkander case and Sardar Khan case as well as taking note of similar orders made by Hon'ble Coordinate Bench in the principal seat following Harun Basha case, we grant interim bail in the case on hand also albeit subject to the following conditions:
(a) The prison inmate namely, Thiru.Sadiq @ Khan @ Rahamathullakhan (Convict No.7369) son of Jalaludheen, who is now lodged at Central Prison, Palayamkottai shall be released as an interim measure for a period of three months subject to his furnishing bail bonds of value of Rs.25,000/- [Rupees Twenty Five Thousand only) with two solvent sureties each for a likesum to the satisfaction of the Principal District and Sessions Judge, Tiruchirappalli;
(b) Prison inmate is directed to report once in a month to the local police station [Melapalayam Police Station, Tirunelveli District]. The State 22/24
authorities shall submit a report with regard to the conduct of prison inmate before expiry of the period of three months. Prison inmate will not leave the State of Tamil Nadu without informing the local police station in writing at least three days in advance and shall keep them posted about his whereabouts.
11. Captioned WMP is ordered on above terms.
12. All concerned are directed to act on the uploaded soft copy of this order ie., as uploaded in the official website. To be noted, official website has a QR code. sd/- 03/11/2023 / TRUE COPY / 08/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
vsm TO 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, O/O. THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME (PRISON IV) DEPARTMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI.
2 THE ADDITIONAL DIRECTOR GENERAL OF PRISON, O/O. THE ADDITIONAL DIRECTOR GENERAL OF PRISON, WHANNELS ROAD, EGMORE, CHENNAI.
3 THE SUPERINTENDENT OF CENTRAL PRISON, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.
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COPY TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUCHIRAPPALLI.
2 THE INSPECTOR OF POLICE, MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN WP(MD) No.25085 of 2022 Date :03/11/2023 RS//SAR-(08.11.2023) 24P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 24/24