P.RATHINAM Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions are filed for a direction to the respondent Nos.1 and 2 to declare that the prisoners undergoing the conviction and sentence for the offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act 1989, will be ineligible to claim premature release under G.O.(Ms.)No.64, dated 01.02.2018 of Home (Prison-VI) Department issued by the second respondent.

(2.) Though both the writ petitions are filed simultaneously with more or less similar prayer, the first writ petition has been filed by an Advocate, who is practicing before the Principal Seat of this Court. The second writ petition has been filed by an Agriculturalist, who belongs to Scheduled Caste Community. Both the petitioners are interested in welfare, welbeing and protection of rights of Scheduled Castes and Scheduled Tribes.

(3.) The second respondent, namely, the Secretary to the State Government, Home Department, issued a Government Order vide G.O.Ms.No.64, dated 01.02.2018, Home (Prison-VI) Department, categorising the prisoners convicted for specific offences as eligible for consideration for pre-mature release subject to certain conditions. The request of the petitioner in both the cases is that the prisoners, who are convicted for offences under the provisions of Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, herein after referred to as SC/ST Act), should be excluded from the purview of the said Government Order.