Thavamani vs The State Of Tamil Nadu on 22 February, 2024
4. The learned Additional Public Prosecutor appearing for the
respondents has filed a detailed counter through the Deputy Secretary to
Government, Home Department, Secretariat, Chennai – 600 009, wherein,
he has narrated the march of law of premature release of life convicts and
the directions of the Courts. The sum and substance of the counter is that as
far as the offence under Section 376 IPC, the convicts are not eligible for
any premature release. Further, in this case, the victim was 11 years old
child, who was raped and murdered. Hence, for distinct offence, two life
sentences were imposed and ordered to run concurrently. The premature
release order issued in the year 2011 cannot be a precedent or reason to
draw parity, since the policy decision has been changed pursuant to the
directions of the Hon'ble Supreme Court in Mariammal Vs. State of Tamil
Nadu in Criminal Appeal No.865 of 2016 dated 08.09.2016 and the
Government has framed a revised guidelines for considering the cases of
life convict prisoners on premature release invoking the power conferred
under Article 161 of the Constitution of India.