T GANESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed this habeas corpus petition to issue a writ of habeas corpus or order or direction to the second respondent to produce the body of the detenu A. Chandran, the brother of the petitioner allegedly confined illegally in Central Prison, Tiruchirappalli and to set him at liberty forthwith.

(2.) THE petitioner is the brother of the detenu, A.Chandran, who was convicted and sentenced to undergo imprisonment for life for the offence committed under Sec.302, I.P.C. in S.C.No. 132 of 1984 on the file of the learned Sessions Judge, Tiruchirappalli, on 8.2.1985. An appeal in C.A.No. 189 of 1985 was filed against the conviction and sentence imposed on the detenu in S.C.No. 132 of 1984 and the same was confirmed by this Court, by judgment dated 26.6.1991. Before suspension of sentence by this Court in the appeal, the detenu was undergoing imprisonment for the period from 8.2.1985 till 26.2.1985. After dismissal of the said appeal, the detenu has been undergoing imprisonment for the period from 26.6.1991 till this date. THE detenu was under detention from 6.5.1984 to 30.7.1984 under Act 14 of 1982 and the said period has to be taken in computing the period of imprisonment undergone by the detenu. THE detenu has been let on parole for 526 days and the said period should also be taken as a period of serving sentence for the conviction. THE detenu is entitled to remission of sentence in view of the issue of several Government Orders issued by the Government of Tamil Nadu for the prisoners who are undergoing imprisonment for various offences. THE detenu is deemed to have been served his full sentences pursuant to the conviction and sentences imposed on him and therefore, is liable to be set at liberty. THE petition in H.C.P.No.768 of 2001 was not pressed for want of representation to the jail authorities concerned. Since the representation made by the detenu to the Government of Tamil Nadu through the second respondent was rejected with regard to the remission sought for by the detenu, this habeas corpus petition to issue a writ of habeas corpus to set the detenu at liberty has been filed by the petitioner.

(3.) ADMITTEDLY, the detenu was let out on parole by the authorities concerned for 526 days while the detenu has been undergoing imprisonment for life for the offence committed under Sec.302, I.P.C. A perusal of Rule 2(3) of the Tamil Nadu Suspension of Sentence Rules, 1982, herein after referred to as "the Rules", enacted by the Government of Tamil Nadu in exercise of the power conferred under Sec.432(5) of the Code of Criminal Procedure, 1973 would show that "leave" means emergency or ordinary. Rule 3 of the above said Rules would disclose that the leave defined in Rule 2(3) of the Rules cannot be claimed as a matter of right and it is only a concession granted to the prisoner. It is also evident from the Rule 5 of the above said Rules that there are two kinds of leave and they are emergency leave and two kinds of leave and they are emergency leave and ordinary leave. It is also evident from a perusal of the above said rules that emergency leave was dealt with under Rules 6 to 13 while ordinary leave was dealt with under Rules 19 to 27. Emergency leave will be granted if there was any death or serious illness of close relatives of the detenu or to attend wedding of son, daughter, full brother and full sister of the detenu as per the provisions of the said Rules. It is not in dispute that the detenu has to execute a bond in Form I-A before granting of emergency leave subject to the conditions imposed therein. In the case of ordinary leave, a bond in Form II for Rs.500 with two sureties for like sum each has to be executed by the detenu to the authorities concerned subject to the conditions imposed therein. ADMITTEDLY, inter alia, there will be one condition in the bond executed by the detenu as mentioned above to the effect that "I will agree to the period of my absence from the prison being treated as suspension of sentence". It is subject to the above said condition, the detenu was allowed to go out of the prison on parole for the above said 526 days.