EVELYN GENELA Vs. ADDITIONAL DIRECTOR GENERAL OF POLICE & INSPECTOR GENERAL OF PRISONS, EGMORE, CHENNAI

JUDGEMENT

(1.) The Petitioner/Wife has preferred the present Writ of Habeas Corpus praying for passing of an order by this Court in directing the Respondents to produce her Husband Selvam S/o.Chinnadurai, Convict No.2900, now confined in Central Prison, Salem. Further, she has sought for passing of an order by this Court in directing the Respondents to transfer her husband from Central Prison, Salem to Central Prison, Puzhal, Chennai.

(2.) Heard the Learned Counsel for the Petitioner and the Learned Government Advocate (Crl. Side) for the Respondents.

(3.) According to the Petitioner, during the year 2012, she married her Husband Selvam (Life Convict - now confined in Central Prison, Salem) and in the year 1993, her husband was arrested by the Tirunelveli Police in respect of an offence under Section 302 I.P.C. After trial of the case in S.C.No.392 of 1997, her husband was awarded death sentence by the Learned District and Sessions Judge, Tirunelveli, through Judgment dated 05.10.1998, which was confirmed by this Court and subsequently, the Hon'ble Supreme Court dismissed the Appeal in the year 1999. However, a Mercy Petition of her Husband was considered by His Excellency, the President of India, through communication dated 25.06.2012 and the Government had intimated that His Excellency was pleased to exercise the powers under Article 72 of the Constitution of India and commute the death of sentence into life imprisonment with a condition that the Prisoner shall remain in Prison for the whole of remainder of his natural life and there shall be no remission of the term of imprisonment. Her Husband had undergone more than 23 years of imprisonment.