Madras High Court
Jayapal vs The Principal Secretary To ... on 29 July, 2021
W.P(MD)Nos.15104 and 15105 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:29.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)Nos.15104 and 15105 of 2019
Jayapal ... Petitioner in W.P.(MD).No.15104 of 2019
Kamaraj ... Petitioner in W.P.(MD).No.15105 of 2019
vs.
1.The Principal Secretary to Government,
Home (Prison -IV) Department,
Secretariat,
Fort St. George,
Chennai -9.
2.The Superintendent of Prisons,
Central Prison,
Trichy 20.
... Respondents in both W.Ps.
PRAYER: Writ Petitions are filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents to grant premature release in terms of the Tamil Nadu
Government Order in G.O.(Ms.).No.64, Home (Pri IV) Department,
dated 01.02.2018 and Sections 432, 433 and 433(A) of Cr.P.C., and
release the petitioners from imprisonment.
1/5
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.15104 and 15105 of 2019
For Petitioners : Mr.S.Venkatesan
For Respondents : Mr.S.Ravi
Standing counsel for the Government
COMMON ORDER
[Order of the Court was made by K.KALYANASUNDARAM.,J.]
These writ petitions have been filed for issuance of Writ of
Mandamus, directing the respondents to grant premature release to the
petitioners, as per G.O.(Ms.) No.64, Home (Pri IV) Department, dated
01.02.2018.
2. Mr.S.Venkatesan, learned counsel appearing for the petitioners
would state that the petitioners are the accused Nos.1 and 4 in Sessions
Case No.173 of 1994, on the file of the Principal Sessions Court,
Thanjavur and they were found guilty for the offences under Sections
302 r/w. 34 I.P.C., r/w. Section 3(2)(v) of SC/ST Act and sentenced to
undergo life imprisonment. The conviction and sentence was confirmed
by the High Court in Crl.A.No.996 of 1995. The Special Leave Petition
filed against the judgment was dismissed by the Hon'ble Apex Court in
2/5
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.15104 and 15105 of 2019
S.L.P.(Crl.).No.7342 of 2004. Subsequently, they have been in judicial
custody for about 20 years.
3. The learned counsel would further state that the petitioners are
entitled for premature release, as per G.O.(Ms.) No.64, Home (Pri IV)
Department, dated 01.02.2018, however the representation in this regard
was not considered by the respondents. He further added that the
petitioners would be satisfied if a suitable direction is issued to the first
respondent to consider the representation of the petitioners, dated
29.04.2018.
4. Mr.S.Ravi, learned Standing counsel appearing for the
respondents would submit that the representation of the petitioners is
under consideration with the first respondent and he is ready to pass an
order in accordance with law.
5. In the light of the prayer sought for in these writ petitions and
also considering the submissions of the learned counsel on either side,
this Court, without going into the merits of the matters, directs the first
respondent to consider the representations of the petitioners, dated
3/5
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.15104 and 15105 of 2019
29.04.2018 and pass orders purely on merits and in accordance with law,
within a period of twelve weeks from the date of receipt of a copy of this
order.
6. With the above direction, these Writ Petitions are disposed of.
No costs.
[M.K.K.S.,J.] & [B.P.,J.]
29.07.2021
Index :Yes/No
Internet:Yes/No
akv
Note :
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.
To
1.The Principal Secretary to Government,
Home (Prison -IV) Department,
Secretariat,
Fort St. George,
Chennai -9.
2.The Superintendent of Prisons,
Central Prison,
Trichy 20.
4/5
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.15104 and 15105 of 2019
K.KALYANASUNDARAM,J.
AND
B.PUGALENDHI,J.
akv
ORDER MADE IN
W.P(MD)Nos.15104 and 15105 of 2019
29.07.2021
https://www.mhc.tn.gov.in/judis/
