Case Note & Summary
The petitioner, P.Pugalenthi, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents to consider his representation dated 12.10.2024 for the premature release of the convict prisoner Mr.Rajamani, aged 87 years, who is totally blind and lodged at Central Prison-I, Puzhal, Chennai. The petitioner contended that due to his advanced age and blindness, the prisoner cannot perform day-to-day activities and depends on others even for food. The authorities had referred him to a Medical Board for premature release, but the report was awaited. The learned Additional Public Prosecutor submitted that the application would be considered upon receipt of the final medical report and necessary opinions. The Court observed that keeping the prisoner in jail would do no service to justice, as he is suffering unnecessarily and jail authorities may not be able to take care of him. Considering the totality of circumstances, the Court directed the respondents to scrutinize the application and pass appropriate orders on merits within six months from the date of receipt of the order.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Premature Release on Medical Grounds - Petitioner sought direction to consider representation for premature release of an 87-year-old blind convict - Court directed respondents to scrutinize the application and pass orders within six months - Held that keeping such a prisoner in jail serves no justice and causes unnecessary suffering (Paras 1-5).
Issue of Consideration
Whether the respondents should be directed to consider the representation of the petitioner for premature release of an 87-year-old blind convict on medical grounds.
Final Decision
The Court directed the respondents to scrutinize the application with reference to the medical condition of the prisoner and other aspects and pass appropriate orders on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.
Law Points
- Premature release on medical grounds
- Consideration of representation
- Article 226 of the Constitution of India
- Compassionate grounds for elderly and disabled prisoners
