S. PADMA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Can conviction be a bar for exhibiting compassion is the question to be decided in this matter. Compassion has no bounds and needs to be exhibited irrespective of the status of the person viz., whether he or she is convicted or an innocent person.

(2.) The petitioner has approached this Court by filing Habeas Corpus Petition seeking direction to the respondent to grant permission to her daughter S.Nalini, W/o.Sriharan @ Murugan who is now confined in Special Prison for Women, Vellore and to her Son-in-law Sriharan @ Murugan, S/o. Late Vetrivel who is now confined in Central Prison, Vellore to talk to one Somani Ammal, W/o. Late Vetrivel and Mother of Sriharan @ Murugan, over Whatsapp Video call for about 10 minutes daily.

(3.) The petitioner's daughter Nalini and Son-in-law Sriharan @ Murugan were convicted by the Presiding Judge, Designated Court No.1 at Poonamallee to death sentence on 28.01.1998. The conviction and sentence awarded by the Trial Court were confirmed by the Hon'ble Supreme Court in Death Reference Case No.1/1998 in Crl.A.Nos.321-325/1998 dated 08.10.1999. His Excellency The Governor of Tamil Nadu considering the mercy petition filed by the convicts commuted the death sentence of S.Nalini, W/o. Sriharan @ Murugan to life imprisonment in Government Letter (Ms) No.406, Home Department, dated 24.04.2000. As far as the other convicts including Sriharan @ Murugan, the Hon'ble Supreme Court by its judgment dated 18.02.2014 in Transferred Case (Criminal) No.01/2012 modified the death sentence into imprisonment for life.