GNANAWATHI Vs. SECRETARY, HOME (PRISON IV) DEPARTMENT

JUDGEMENT

(1.) The petitioner is the wife of one Murugesan, who is the life convict and lodged in Central Prison, Palayamkottai and his convict number is 6789. The petitioner's husband was convicted in Crime No.300 of 1984 on the file of the Mathiyapagam Police Station, Thoothukudi. He was tried before the Sessions court, Tirunelveli in S.C. Case No.95 of 1985 and was awarded death sentence for the offence involved under Sections 302 read with Section 34 IPC. The matter was taken on appeal to this court being Criminal Appeal No.926 of 1985, wherein the conviction was confirmed and the sentence was modified to one of life sentence. In this writ petition, she has sought for a direction to the first respondent State to treat that her husband was eligible for pre-mature release in terms of G.O.Ms.No.873, Home (Prison IV) Department, dated 14.09.2006 and G.O.Ms.No.1326, Home (Prison IV) Department, dated 12.09.2007.

(2.) When the matter came up on 16.12.2010, this court had ordered notice of motion. Pending the notice of motion, no direction was given though a prayer to that effect was made. On notice from this court, the third respondent has filed a counter affidavit, dated 18.1.2011 together with typed set of documents in support of the averments in the counter affidavit.

(3.) Since the petitioner has referred to G.O.Ms.Nos.873 and 1326, it is necessary to refer to the contents of those orders. By G.O.Ms.No.873, Home Prison Department, dated 14.09.2006, the State Government had ordered premature release of prisoners who have completed 10 years of actual imprisonment as on 15.9.2006 on the eve of the 98th Birthday of Mr.C.N.Annadurai, former Chief Minister of Tamil Nadu. By the said G.O., total number of 472 life convicts including 16 women life convicts who have completed 10 years of actual imprisonment as on 15.09.2006, as per the annexure appended to the G.O., were directed to be prematurely released. It was claimed that the power was exercised in terms of Article 161 of the of the Constitution by the Governor of Tamil Nadu, who remitted the unexpired portion of sentence of imprisonment for life passed on those 472 convicts. The petitioner was not one of them.