K. SELVAM Vs. THE GOVERNMENT OF TAMIL NADU, REP. BY ITS COMMISSIONER AND SECRETARY, HOME DEPARTMENT, FORT. ST. GEORGE, MADRAS-9 AND

JUDGEMENT

(1.) THIS writ petition is filed by the daughter of a life convict for the issue of a writ of habeas corpus to release her father one Kochumani prematurely in view of the circumstances stated in the affidavit.

(2.) THE facts as admitted in the counter -affidavit filed on behalf of the Respondents are given below. The life convict No. 7128 by name Kochumani was convicted under Ss. 302 and 201 of the Indian Penal Code in Sessions Case No. 14 of 1972, on the file of the court of Sessions Judge, Kanyakumari at Nagarcoil and sentenced to imprisonment for life and rigorous imprisonment for three years on 30 -9 -1972. The said conviction and sentence were confirmed by this Court in Criminal Appeal No. 894 of 1972 dated 17 -7 -1973. As on 12 -9 -1988, the said convict has undergone 16 years, 17 days of actual sentence including the remand period of 4 months and 8 days. His case for premature release was placed before the Advisory Board for consideration so far on three occasions. On the first occasion, the Advisory Board, by proceedings dated 17 -11 -1982, did not recommend the premature release. Hence the Government in G.O. Rt. No. 2236 Home dt. 17 -5 -1983, ordered re -submission of the records after one year. On the second occasion, the Advisory Board, by proceedings dated 17 -9 -1984, recommended the premature release of the convict. Notwithstanding that, the Government again ordered for re -submission of the case after two years by G.O. Rt. 215, Home, dated 11 -1 -1985. On the third occasion, the Government called for the reports of the Probation Officer and the Collector for placing the same before the Advisory Board. After considering the relevant reports, the Advisory Board again recommended on 28 -8 -1987 for the premature release of the prisoner. Nevertheless, the Government by G.O. Rt No. 2958, Home, dated 17 -8 -1988 again ordered for re -submission of the case after one year. It is under these circumstances, the present writ petition came to be filed.

(3.) IN the circumstances, we direct that the convict No. 7128 Kochumani (father of the Petitioner herein) be released forthwith from the prison.