D ETHIRAJ Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The convict prisoner D. Ethiraj is the Petitioner herein, and according to him, his sentence of three years Rigorous Imprisonment has to be treated as undergone as he is entitled to the benefit of remission granted in six Government Orders, and because of the omission on the part of the Respondents to give the benefit of remissions provided in the said Government Orders, his detention has become illegal and volatile of Article 21 of the Constitution of India, and hence he has to be set at liberty.

(2.) The Petitioner while working as Deputy Superintendent of Police at Ootacamund, Nilgiris District, was implicated in the case registered in Crime No. 260 of 1987 on the file of B1 Police Station, Ooty and he was convicted by the learned District and Sessions Judge, Ooty, by judgment dated 14.1.1992, in Sessions Case No. 11 of 1989 and sentenced to undergo three years Rigorous Imprisonment for an offence under Section 366 read with 109 IPC; one year Rigorous Imprisonment for an offence under Section 419 read with 109 IPC and one year Rigorous Imprisonment for an offence under Section 119 IPC. The Petitioner preferred a criminal appeal in C.A. No. 64 of 1992, and this Court by judgment dated 7.6.2002, dismissed the appeal confirming the conviction and sentence. Challenging the same, the Petitioner preferred Special Leave Petition to the Supreme Court of India, and it was numbered as Criminal Appeal in C.A. No. 1320 of 2002, and it came to be dismissed on 20.7.2010. The Petitioner was readmitted in Central Prison, Coimbatore on 7.9.2010 and is now undergoing the sentence.

(3.) The Petitioner claims that he is entitled to the benefit of remission granted in six Government Orders as detailed below: <FRM>JUDGEMENT_1792_TLMAD0_2011_1.html</FRM>