Case Note & Summary
The petitioner was a life convict confined in the Special Prison for Women, Trichy. She filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to release her prematurely either under G.O.(Ms)No.430, Home(Prison-IV) Department, dated 11.08.2023 or under the Advisory Board Scheme as per Rule 341 of the Tamil Nadu Prison Rules, 1983. The respondents opposed the claim under G.O.(Ms)No.430 on the ground that the petitioner had not completed the required minimum period of four years of sentence as on the date of the government order, rendering her ineligible. However, they conceded that she was now eligible to be considered for premature release by the Advisory Board under Rule 341, and stated that a proposal based on the Probation Officer's report had already been submitted to the Advisory Board and was under process, which would require two months for a decision. The court considered the submissions and held that the petitioner was not entitled to the benefit of G.O.(Ms)No.430 because she had not fulfilled the eligibility criterion of having served four years of sentence by the cut-off date. Nevertheless, the court accepted that the Advisory Board under Rule 341 could consider her case, and since the process was already underway, it disposed of the writ petition with a direction to the respondents to consider and decide the petitioner's request for premature release under Rule 341 within two months from the date of receipt of the order copy.
Headnote
A) Criminal Law - Prisons and Prisoners - Premature Release - Government Order G.O.(Ms)No.430, Home(Prison-IV) Department, dated 11.08.2023 - The order requires completion of four years of sentence by the cut-off date; the petitioner, a life convict, had not served four years on 11.08.2023 and thus was ineligible - Held, benefit not available under this order (Para 3). B) Criminal Law - Prisons and Prisoners - Premature Release - Rule 341 of Tamil Nadu Prison Rules, 1983 - Advisory Board may consider premature release based on report of Probation Officer - Court directed the Advisory Board to decide within two months as proposal was already pending - Held, petitioner entitled to be considered under this provision (Paras 3-4).
Issue of Consideration
Whether the petitioner is entitled to be released prematurely under G.O.(Ms)No.430, Home(Prison-IV) Department, dated 11.08.2023, or under the Advisory Board Scheme as per Rule 341 of the Tamil Nadu Prison Rules, 1983
Final Decision
The writ petition was disposed of, directing the respondents to consider the petitioner's request for premature release under Rule 341 of the Tamil Nadu Prison Rules, 1983 within two months from the date of receipt of the order copy. The claim under G.O.(Ms)No.430 was rejected due to ineligibility.
Law Points
- Legal points not extracted
- Premature release under G.O.(Ms)No.430 requires completing minimum sentence period by government order date
- Advisory Board under Rule 341 of Tamil Nadu Prison Rules
- 1983 can consider premature release upon recommendation of Probation Officer
- Writ of Mandamus can direct consideration of representation within stipulated time
