Madras High Court
P.Rajeswari vs State Of Tamilnadu on 18 December, 2018
Author: R.Subbiah
Bench: R.Subbiah
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:18.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
H.C.P(MD)No.1493 of 2018
P.Rajeswari : Petitioner
Vs.
1.State of Tamilnadu,
Rep. by the Principal Secretary to Government,
Home (Prison V) Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Additional Director General of Prison,
Egmore, Chennai – 600 008.
3.The Deputy Inspector General of Prison,
Department of Prison,
Madurai Range,
Madurai – 16.
4.The Superintendent of Prison,
Central Prison,
Maduria. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Habeas Corpus, to direct the respondents to
grant long parole or ordinary leave to the petitioner's son namely Ravi @
Ravichandran (C.P.No.4967), S/o.Poyyali, who is undergone for more than
27
http://www.judis.nic.in years of imprisonment till the decision taken by the Governor of
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Tamilnadu on the resolution passed by the Council of Ministers,
Tamilnadu dated 09.09.2018 regarding release of seven Tamils, who are
in custody for more than 27 years as life convict in connection with the
former Prime Minister Mr.Rajivgandhi assassination case and rules.
For Petitioner : Mr.T.Lajapathi Roy
For Respondents : Mr.K.Chellapandian
Additional Advocate General for
Mr.K.Dinesh Babu,
Additional Public Prosecutor
ORDER
*********** [Order of the Court was made by R.SUBBIAH, J.] This Habeas Corpus Petition has been filed by the petitioner, to direct the respondents to grant long parole or ordinary leave to her son namely Ravi @ Ravichandran (C.P.No.4967), S/o.Poyyali, who is undergone for more than 27 years of imprisonment, till the decision taken by the Governor of Tamilnadu on the resolution passed by the Council of Ministers, Tamilnadu dated 09.09.2018 regarding release of seven Tamils, who are in custody for more than 27 years as life convict in connection with the former Prime Minister Mr.Rajivgandhi assassination case.
2. When the matter is taken up for consideration, the learned counsel appearing for the petitioner made a detailed submissions by adverting to the averments made in the affidavit filed in support of this petition.
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3. However, the learned Additional Advocate General opposed the prayer of the petitioner to grant long parole or ordinary leave to the petitioner's son. However, he had submitted that any application is preferred before the respondents mentioning a specific period for less than a month on any one of the grounds for grant of ordinary leave as per Rule 20 of Tamil Nadu Suspension of Sentence Rules, 1982, the same would be considered.
4. In view of the submissions made by the learned Additional Advocate General, there is no need to pass a specific order in this petition. The petitioner is at liberty to make a representation / application before the concerned authority as per Rule 20 of the Tamil Nadu Suspension of Sentence Rules 1982, for grant of parole to her son, for a specific period if she so desires.
5. This Habeas Corpus Petition is ordered accordingly.
[R.P.S.,J.] [B.P.,J.]
18.12.2018
Index : Yes/No
Internet : Yes/No
pm
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To
1.The Principal Secretary to Government, State of Tamilnadu, Home (Prison V) Department, Secretariat, Fort St. George, Chennai – 600 009.
2.The Additional Director General of Prison, Egmore, Chennai – 600 008.
3.The Deputy Inspector General of Prison, Department of Prison, Madurai Range, Madurai – 16.
4.The Superintendent of Prison, Central Prison, Madurai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in 5 R.SUBBIAH, J.
and B.PUGALENDHI, J.
PM ORDER MADE IN H.C.P(MD)No.1493 of 2018 Dated:18.12.2018 http://www.judis.nic.in