2021 (3) TMI 1293 - HC - Indian Laws

Seeking release of life convict prisoner Abdul Azeez - It is the case of the petitioner that her brother Abdul Azeez Life Convict No. 16497 has completed 20 years of actual imprisonment and that he is entitled to the benefits of G.O.Ms.No.64 Home (Prison IV) Department dated 01.02.2018 - HELD THAT - Learned Additional Public Prosecutor submitted that the representation given by the petitioner has been forwarded by the office of the Director General of Prisons by communication dated 26.08.2019 to the office of the Home Secretary State of Tamil Nadu and the same is pending. The first respondent is directed to dispose of the representation given by the petitioner within a period of twelve weeks from the date of receipt of a copy of this order - petition disposed off.

Summary

Issues:
1. Petition seeking release of life convict prisoner prematurely under G.O.Ms.No. 64, dated 01.02.2018.

Analysis:
The petitioner filed a writ petition seeking direction to consider a representation for the premature release of her brother, a life convict prisoner who had completed 20 years of actual imprisonment. The petitioner claimed entitlement to the benefits of G.O.Ms.No.64, Home (Prison IV) Department dated 01.02.2018. The representation dated 28.01.2019 was submitted to the authorities, and it was pending at the time of filing the petition.

During the hearing, the Chief Head Warder of Central Prison, Cuddalore was present. The Additional Public Prosecutor informed the court that the representation had been forwarded to the office of the Home Secretary, State of Tamil Nadu by the office of the Director General of Prisons. The court directed the first respondent to dispose of the representation within twelve weeks from the date of receipt of the court's order.

The judgment concluded by disposing of the writ petition with the direction to the first respondent to process the petitioner's representation within the specified timeframe. No costs were imposed in this matter.