Pandiyammal v. The State Of Tamil Nadu, Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023 CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Pandiyammal ... Petitioner vs.
1.The State of Tamil Nadu, Rep. By The Principal Secretary to Government, Home (Prison - IV) Department, State of Tamil Nadu, Secretariat, St. George Fort, Chennai - 9.
2.The Director General of Police / Director General of Prisons and Correctional Services, Office of the Director General of Police, Egmore, Chennai - 8.
3.The Deputy Inspector General of Prison, Madurai Range, Madurai Central Prison Campus, Madurai.
4.The Superintendent of Prison, Madurai Special Prison for Women, Madurai District.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent No.4 to Page No.1 of 14
send proposal relating to the Premature Release of the petitioner to the Respondent No.2 in the commemoration of the 115th birthday of Dr.Perarignar Anna on the basis of the communication in No. 33476/PS1/2023 dated 11.08.2023 issued by the Respondent No.2 in accordance with law and consequently to direct the respondent No.1 to consider the Premature Release of the petitioner by considering the representation of the petitioner dated 23.10.2023 in accordance with law within the time stipulated by this Honble Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' ('WP' for the sake of brevity) has been filed in this Court on 22.11.2023 and it pertains to premature release of WP petitioner, who is a life convict.
2. Factual matrix in a nutshell is that WP petitioner was convicted and imposed life sentence in and by a judgment and sentence dated 04.11.2004 in S.C.No.542 of 2003 on the file of Additional District Sessions Judge's Court (Fast Track Court I, Madurai); that this judgment Page No.2 of 14
and conviction was carried in an appeal to this Court and the appeal came to be dismissed by this Court in and by a judgment dated 20.03.2007 in Crl.A.(MD)No.358 of 2005; that WP petitioner as of 30.11.2023 had undergone imprisonment or in other words, served a sentence of 19 years 8 months and 9 days (to be noted, this becomes 19 years 9 months and 9 days as of today); that earlier efforts of WP petitioner for premature release under various executive fiats ie., Government orders were not successful; that captioned WP has now been filed in the light of latest executive fiat which has been put in place ie., G.O.Ms.No.430, Home (Prison IV) Department, dated 11.08.2023; that captioned HCP has been filed with a mandamus prayer for proposing the case of WP petitioner (proposal to be sent by fourth respondent) for consideration at various tiers and ultimately by first respondent.
3. Issue notice.
4. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor accepts notice for all the respondents.
Page No.3 of 14
5. Learned Additional Public Prosecutor adverting to G.O.Ms.No. 430, Home (Prison IV) Department, dated 11.08.2023 which is an executive fiat prescribing guidelines for considering the cases of life convicts for premature release in commemoration of 115th Birthday of Dr.Perarignar Anna, submitted that the said Government Order would apply to WP petitioner (hereinafter 'prison inmate' for the sake of convenience). Learned Additional Public Prosecutor very fairly submitted that notwithstanding earlier executive fiats and notwithstanding efforts for premature release under earlier executive fiats being unsuccessful, the case of prison inmate (WP petitioner) will now be taken under aforementioned 'G.O.Ms.No.430, Home (Prison IV) Department, dated 11.08.2023' (hereinafter 'said new GO' for the sake of convenience and clarity).
6. The narrative above means that first limb of the prayer of WP petitioner is now answered. To be noted, first limb is proposal that is to emanate from fourth respondent. As regards second limb, the process has to go through various tiers and considering the nature of the drill that is required in cases of this nature, we are of the view that five months from today would be a reasonable time frame. To be noted, we have taken into Page No.4 of 14
account the facts and circumstances of the case including the fact that WP petitioner ie., said prison inmate is 60 years of age even as of today.
7. In the light of the narrative thus far and taking into account the stated position of the respondents as articulated by learned Additional Public Prosecutor, we deem it appropriate to direct the respondents to ensure that the case of WP petitioner for premature release is taken up under said new GO ie., G.O.Ms.No.430,Home (Prison IV) Department, dated 11.08.2023 and the premature release plea be processed in accordance with applicable parameters/guidelines and conclude the process as expeditiously as the business of the respondents would permit but in any event by 30.04.2024. This means that second limb of the prayer of WP petitioner also is acceded to as the second limb is very fairly couched in a language where the request is for consideration for premature release.
8. Before concluding, we deem it appropriate to extract and reproduce the said new GO and the same is as follows: Page No.5 of 14
Page No.6 of 14
Page No.7 of 14
Page No.8 of 14
Page No.9 of 14
Page No.10 of 14
Page No.11 of 14
Page No.12 of 14
9. Captioned WP is disposed of in the aforesaid manner with the aforementioned observations and directives. There shall be no order as to costs.
(M.S., J.) (R.S.V., J.) 30.11.2023 Index : Yes : Yes vsm Post Script:
(i)Upload forthwith (ii)All concerned to act on this order being uploaded in official website of this Court without insisting on certified copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
To 1.The Principal Secretary to Government, The State of Tamil Nadu, Home (Prison - IV) Department, State of Tamil Nadu, Secretariat, St. George Fort, Chennai - 9.
2.The Director General of Police / Director General of Prisons and Correctional Services, Office of the Director General of Police, Egmore, Chennai - 8.
3.The Deputy Inspector General of Prison, Madurai Range, Madurai Central Prison Campus, Madurai.
4.The Superintendent of Prison, Madurai Special Prison for Women, Madurai District.
Page No.13 of 14
M.SUNDAR, J.
and R.SAKTHIVEL, J.
vsm 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER MADE IN DATED : 30.11.2023 Page No.14 of 14