Madras High Court today allowed a petition by the mother of a murder convict serving a life sentence seeking pre-mature release of him as per a 2008 Tamil Nadu Government order.
In the habeas corpus petition, the mother of the life convict Ilango had challenged the state government decision in not considering his case for pre-mature release, a benefit extended to 1,405 life convicts upon completion of seven years of their sentence.
Allowing the plea, a Bench comprising Justice S.Rajeswaran and Justice P.N.Prakash said the detenue was already in jail for more than 11 years and was entitled for premature release as per the September 11, 2008 G.O.
The contention of the government that the detenue name was not considered because the probation officer reported that his life would not be safe if he is released cannot be accepted as there had been no untoward incident when he was released on parole every year, the bench said.
Ilango was convicted for murder in February 1995 by Additional Sessions Court.
Petitioner had contended that the failure of the state to consider her son's case was "arbitrary, discriminatory, unfair and unreasonable and violative of Article 21 of Constitution.
