J.MUMTAJ Vs. STATE

JUDGEMENT

(1.) The mother of the life convict prisoner No.18819, Aslam, S/o. Jainulabuthin has filed this petition under Article 226 of the Constitution of India praying to issue orders in the nature of writ of Habeas Corpus by calling for the records and quash the G.O.(D).No.746, dated 18.08.2016 and directing the respondents to release the detenu prematurely by considering the G.O.(Ms).No.1155, Home (PRI.IV) Department, dated 11.09.2008.

(2.) It is averred in the petition that the detenu Aslam is a life convict prisoner and he completed 10 years of actual imprisonment as on 15.09.2008. On the occasion of 100th Birth Centenary of Perarignar Anna on 15.09.2008, the Tamil Nadu State Government passed an order by invoking the powers under Article 161 of the Constitution of India to release the life convicts who have completed 7 years of actual imprisonment on 15.09.2008. The detenu Aslam is fully eligible under the said G.O. for premature release. The detenu was neither put on notice nor given opportunity and the respondents exercised their power in a discriminatory and arbitrary manner. Without following the guidelines of the said G.O, denied premature release of the detenu.

(3.) The petitioner already filed a writ petition in H.C.P.No.14 of 2013 before this Court. This Court while disposing the said writ petition directed the detenu to submit a fresh representation. Accordingly, the detenu gave a representation. But the same was rejected by the first respondent in G.O.(D).No.746, dated 18.08.2016, stating that the premature release would endanger the life of the detenu and would create law and order problem as there is enmity against the prisoner. The respondents without considering the report of the Tahsildar, Coimbatore South passed the impugned order which is irrational and not based on any evidence. The respondents have detained the detenu based on religious grounds.