Chennai:
The judge rejected the submission of the state and said that the release of prisoner relates to his individuality which cannot be construed based on the views of family members
Madras High Court ordered the premature release of life convict while rejecting the stance of the state government that the family of the detenue is opposing his release.
A Division Bench of Justice S Tamilvanan and Justice C T Selvam while hearing habeas corpus petition of G Rajendran, a life convict detained in Puzhal Jail, said that the petitioner is entitled to get premature release and fundamental rights cannot be taken away by any enactment.
“The person’s liberty cannot be curtailed based on the views of the family members and others” observed the judges after hearing the petitioner’s counsel P Pugalenthi.
Rajendran sought for a direction to the State government to consider his case immediately under the GO for premature release dated September 11, 2008.
Pugalenthi quoted the GO on September 11, 2008 which stated that the State government has decided that all the life convicts who have completed seven years of actual imprisonment, aged 60 and above and have completed five years of actual imprisonment may be released prematurely subject to certain conditions.
He sought the court to direct the State government to release the petitioner prematurely. But opposing his contentions, the Additional Public Prosecutor argued that though the petitioner is eligible for release as the family of the detenu are objecting his premature release.
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