MALLIGA Vs. PRINCIPAL SECRETARY TO GOVERNANMENT AND OTHERS

JUDGEMENT

(1.) This petition has been filed by the wife of prisoner, who is aged about 48 years, contending that he has been incarcerated in Cuddalore Central Prison and he is eligible for remission in accordance with the Government Order in G.O.(Ms)No.64, Home ((Prison-IV) Department, dated 01.02.2018, by which, the eligible criteria for those persons to be considered for remission has been prescribed.

(2.) The prisoners, who are eligible for consideration for pre mature release has been enlisted in G.O.(Ms)No.64, Home ((Prison-IV) Department, dated 01.02.2018, and the Sections reads as under:-

(3.) The learned Additional Advocate General appearing for the State, would state that the petitioner has got a conviction under Section 498A of IPC and therefore, he is not eligible to be considered, as per clause 2A(x) of the above Guidelines. But the learned counsel for the petitioner would submit that the period of conviction has been already suffered by the petitioner and it has come to an end and therefore, it is a fit case for consideration.