Madras High Court
Ponnudurai vs The Principal Secretary To Government on 22 October, 2024
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P(MD) No.24266 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date: 22.10.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
and
THE HON'BLE MS.JUSTICE R.POORNIMA
W.P(MD) No.24266 of 2024
Ponnudurai ... 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 Inspector General of Prisons(Administration)
O/o. Tamil Nadu Prisons Head Quarters,
Whannels Road, Egmore, Chennai- 8
(R2 suo motu impleaded vide court order
dated 16.10.2024)
3. The Deputy Inspector General of Prisons,
Prisons and Correctional Services Department,
Madurai Range,Madurai Central Prison Campus,
New Jail Raod, Madurai
4. The Superintendent of Prison,
Central Jail,
Palayamkottai,
Tiruenelveli District ... Respondents
1/9
https://www.mhc.tn.gov.in/judis
W.P(MD) No.24266 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of certiorarified mandamus to
call for the records pertaining to the impugned order in No.8746/jF.
1/2024 dated 23.08.2024 passed by the third respondent and quash the
same as illegal and subsequently direct the respondents to release the
petitioner's brother namely Sundharavel, S/o.Arjunan, (LCP No. 8746)
prematurely in lighten of the Government Order in G.O.Ms.No.64,
Home(Pre-IV) department dated 01.02.2018, G.O.Ms.488, Home (Pre-
IV)department dated 15.11.2021 and G.O.Ms.No.430, Home(Pre-IV)
department dated 11.08.2023.
For Petitioner : Mr.SMA.Jinnah
For Respondents : Mr.A.Thiruvadikumar
Additional Public Prosecutor.
ORDER
The writ petition has been filed in the nature of certiorarified
mandamus seeking to call for the records dated 23.08.2024 in No.
8746/jF.1/2024 passed by the third respondent and quash the same and
direct the respondents to release the brother of the petitioner,
Sundharavel, S/o.Arjunan, (LCP No 8746), now confined at Central
Prison, Palayamkottai.
https://www.mhc.tn.gov.in/judis
2. The petitioner had placed reliance in G.O.Ms.No.64, Home(Pre-
IV) department dated 01.02.2018, G.O.Ms.488, Home (Pre-
IV)department dated 15.11.2021 and G.O.Ms.No.430, Home(Pre-IV)
department dated 11.08.2023.
3. In the affidavit filed in support of the petition, it had been
contended that the brother of the petitioner had been convicted in SC.
No. 283 of 2004 by judgment dated 27.07.2005 on the file of the learned
Principal District and Sessions Judge, Tirunelveli and convicted for the
offence under Section 302 of IPC and sentenced to undergo life
imprisonment and a fine of Rs.1000/-i/d to undergo three years rigorous
imprisonment. Appeal had been filed before the Division Bench of this
Court in Crl.A(MD) No. 402 of 2005 and by judgment dated 10.04.2007
had confirmed the conviction. In the affidavit it had been very
specifically stated that no further appeal had been filed before the
Hon'ble Supreme Court. It had been contended that the brother of the
petitioner had been suffering incarceration subsequent to conviction for
over 10 years and therefore, stated that he will be eligible to be
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considered for premature release. But, however, relating to the
aforementioned Government Orders may not come to the assistance of
the petitioner herein.
4. In view of the nature of the averments this Court suomotu by an
order dated 16.10.2024 had also impleaded The Inspector General of
Prisons(Administration), Chennai as a party.
5. We sought for counter by the Inspector General of
Prisons(Administration), Head quarters who had filed a status report
stating about the factors of the case. It had been stated that the case of the
brother of the petitioner was examined on an earlier date and he was
found to be ineligible to be granted premature release. But , however it
has been stated as follows:
“7.Further, it is submitted that though the
petitioner's brother life convict prisoner PID No.
119608, Sundaravel , son of Arjunan has completed his
14 years of imprisonment on 07.06.2023, his case was
not considered for premature release under clause
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5(II)(d) of G.O.Ms.No.430, Home, (Pri.IV) Department
dated 11.08.2023. This clause states that”Prisoners
should not have pending cases except their criminal
appeals, if any, pending against their conviction as on
15.09.2023”. Since the above said prisoner had two
pending cases at the time of consideration, his case
was not taken up for consideration. The petitioner's
brother/life convict prisoner PID No.119608,
Sundaravel son of Arjunan has completed 15 years
and 3 months and 17 days of actual imprisonment as
on 30.09.2024.....
8. It is submitted that, since the prisoner has
completed 14 years of sentence, the Superintendent,
Central Prison, Palayamkottai has called for the report
of the District Collector for placing his case before the
Advisory Board Scheme for consideration of premature
release. On receipt of such report, his case will be
considered for premature under Advisory Board
Scheme. Further more, it is submitted that, in future, if
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the Government frames any new guidelines for the
premature release of life convicts on any special
occasions, and if the above prisoner is found eligible,
his case will also be considered accordingly”.
6. It had also been stated by communication dated 23.08.2024, that
specific rejection order had not been passed. We record that the
statement made in the counter that the case of the brother of the
petitioner would be placed before the Advisory Board provided the
District Collector also files necessary report in that regard.
7. We are confident that the District Collector would file
necessary report relating to the brother of the petitioner who is eligible
to be considered for premature release. We are conscious that we cannot
step into the shoes of the Advisory Board and we are only stating that if
at all the Advisory Board is constituted and then if there are no other
hurdles the case of the brother of the petitioner could be given due
consideration by the Advisory Board.
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8. Stating as above, the Writ Petition stands disposed of.
(C.V.K., J.) (R.P, J.)
22.10.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
aav
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 Inspector General of Prisons(Administration)
O/o. Tamil Nadu Prisons Head Quarters,
Whannels Road, Egmore, Chennai- 8
3. The Deputy Inspector General of Prisons,
Prisons and Correctional Services Department,
Madurai Range,Madurai Central Prison Campus,
New Jail Raod, Madurai
https://www.mhc.tn.gov.in/judis
4. The Superintendent of Prison,
Central Jail,
Palayamkottai,
Tiruenelveli District
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.V.KARTHIKEYAN, J.
and
R.POORNIMA, J.
aav
22.10.2024
https://www.mhc.tn.gov.in/judis
