HC: Lifer entitled to be free as per GO

Chennai: The Madras high court has ordered that a life convict from Kasimedu is entitled to premature release as per a 2008 G.O as he has already served 14 years’ imprisonment.

A division bench, comprising Justice S. Raje­swaran and P.N. Pra­ka­sh, allowed the habeas corpus petition filed by S. Mallika, seeking premature release of her son Ilango, who was convicted and sentenced to life imprisonment in a murder case.

According to the petitioner, on February 14, 1992, the Kasimedu po­lice arrested her son in connection with a murder. On February 18, 1995, her son was convic­ted and sentenced to life imprisonment by a se­ssions court, which was confirmed by the HC.

By an order dated Sep­tember 11, 2008, the st­ate government orde­red the release of 1,405 life convicts who had completed seven years of actual imp­risonment as on Se­p­tember 15, 2008. Mal­li­ka’s son ought to have be­en considered for prem­a­t­ure release under the G.O. since he had already put in eight years of im­prisonment as on Sep­te­m­ber 15, 2008.

Though he had fulfilled all the co­nditions contained in the G.O., he was not conside­red for premature rele­a­se by the government. Hence, Mallika se­nt a re­presentation to the st­ate government, but the­re was no resp­on­se, she said. The bench said the de­tenue had already been in incarceration for mo­re than 14 years.

The 2008 go­vernment order had said on completion of seven years, the life co­­nvicts were entitled for premature release wh­­­­ereas his case was not considered because the probation officer reported that his life would not be safe were he to be released.

“We do not sail with the submission of the probation officer and we are unable to accept the submission put forth by the additional public prosecutor,” the bench added.