P SEKAR Vs. STATE REPRESENTED BY SECRETARY TO GOVERNMENT OF TAMIL NADU DEPARTMENT OF HOME, FORT ST GEORGE, CHENNAI

JUDGEMENT

(1.) This Petition has been filed under Article 226 of the Constitution of India, seeking to quash the G.O.(D).No.748, dated 18.08.2016 and to release the detenu / petitioner, P.Sekar, s/o. Pachaiyappan, Life convict prisoner Convict No.77958 prematurely.

(2.) It is averred in the petition that the petitioner was convicted for the offences under Sections 302, 364, 392 and 201 IPC in S.C.No.31 of 1998 by the learned Sessions Judge, Udhagamandalam, dated 31.08.2000 and imposed death sentence. On appeal, the death sentence was modified to life imprisonment in Crl.A.No.903 of 2000, dated 16.06.2002 by this Court. The Tamil Nadu State Government passed G.O.(Ms) No.1155, Home (PRI.IV) Department, dated 11.09.2008 to release the prisoners prematurely who have completed 7 years of their sentence by invoking powers under Article 161 of the Constitution of India. The petitioner had completed 7 years of actual imprisonment as on 15.09.2008. But the petitioner was denied premature release arbitrarily. The petitioner has been languishing in prison for more than 15 years and he is entitled to have the benefit of premature release. When the petitioner approached this Court in H.C.P.No.2418 of 2016, this Court ordered the petitioner to submit a fresh representation to the respondents and directed the respondents to consider the representation. The petitioner submitted his representation on 27.01.2016 and the same was rejected by the Government in G.O.(D).No.748, dated 18.08.2016, stating that the petitioner is not eligible as the death penalty awarded was later commuted to life imprisonment by the appellate court. This Court in H.C.P.No.1894 of 2008 struck down the above said condition in view of the conflict with Section 341 of the Tamil Nadu Prison Manual and Section 433A of the Code of Criminal Procedure and the same was confirmed by the Hon'ble Supreme Court. Without considering the above said order, the Government rejected the petitioner's representation unreasonably and therefore, the petitioner is eligible for the premature release. Therefore, he has come forward with this petition.

(3.) The respondents in their counter contends that the petitioner / life convict prisoner No.77958, P.Sekar, s/o. Pachaiyappan was convicted and sentenced to death for the offence under Section 302 IPC, life imprisonment for the offence under Section 364 IPC, Rigorous Imprisonment for 14 years for the offence under Section 392 IPC and Rigorous Imprisonment for 7 years for the offence under Section 201 IPC by the learned Sessions Judge, Udhagamandalam in S.C.No.31 of 1998, dated 31.08.2000. The above sentences were ordered to run concurrently. On his appeal before this Court, the death sentence awarded by the trial Court was modified as imprisonment for life and other sentences were confirmed by this Court in Crl.A.No.903 of 2000, dated 16.06.2002. As on 15.09.2008, the petitioner had completed 7 years 9 months and 29 days of actual imprisonment. The Tamil Nadu Government issued orders in G.O.Ms.No.1155, Home (Pri.IV) Department, dated 11.09.2008 and as amended vide G.O.Ms.No.1121, Home (Pri.IV) Department, dated 24.12.2009 to release the life convicts subject to the satisfaction of certain conditions. As per the G.O., one of the ineligible category is as follows :