The Madras High Court refused to intervene in an habeas corpus plea seeking the release a 95-year-old life convict on medical grounds, after holding that habeas corpus plea would not apply because he was convicted by a competent court of jurisdiction after trial.
Madras High Court
Chennai: When the plea moved by the granddaughter of the convict citing his age and ailment came up for hearing, a division bench comprising Justice R Subbiah and Justice R Pongiappan said, “It is well settled that the issue with respect to premature release of a life convict has to be considered only by the government by considering various factors such as the nature of the crime committed by the prisoner, his good conduct during his incarceration and other attendant facts and circumstances.”
When the detunue was convicted by a competent court after due trial, a habeas corpus petition was not maintainable, the bench added.
The bench also recorded the prosecution’s submission that Dasaraj of Krishnagiri, now lodged in Vellore Central Prison, is a life convict whose conviction and sentence passed by the trial court was confirmed by the Supreme Court.
Even though the detenue was awarded life sentence, he had so far undergone only four years of incarceration, as he was at large during the pendency of the appeal before the HC and the Supreme Court. Based on this and the Tamil Nadu Prison Rules, the government refused to release him prematurely on health grounds.
When the detunue was convicted by a competent court after due trial, a habeas corpus petition was not maintainable, the bench added.
The bench also recorded the prosecution’s submission that Dasaraj of Krishnagiri, now lodged in Vellore Central Prison, is a life convict whose conviction and sentence passed by the trial court was confirmed by the Supreme Court.
Even though the detenue was awarded life sentence, he had so far undergone only four years of incarceration, as he was at large during the pendency of the appeal before the HC and the Supreme Court. Based on this and the Tamil Nadu Prison Rules, the government refused to release him prematurely on health grounds.