CHELLATHURAI ALIAS NATARAJAN Vs. STATE OF TAMIL NADU REP. BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT

JUDGEMENT

(1.) THE petitioner, a lifer, seeks his release from jail, since he is a Juvenile in conflict with law, at the time when the offence was committed.

(2.) THIS case involves certain interesting questions concerning claiming of benefit under the Juvenile Justice Act, such as whether it can be claimed in writ proceedings, whether it can be claimed retrospectively. If so, what procedure and the modalities, the Court has to follow and when at the time juvenility is claimed, the convicted became an adult person, what would be the fate of the life sentence as confirmed by this Court and in that event what the Court has to do.

(3.) THE learned counsel for the petitioner cited a decision of this Court in H.C.P.(MD) No.223 of 2008 {CHENDU Vs. 1. THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI, TIRUNELVELI DISTRICT AND ANOTHER delivered on 8/7/2008 (unreported)}. He has also cited the following decisions:-