PUSPARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS is a Petition for issuance of a Writ of Habeas Corpus, questioning the legality of the continued imprisonment of the Petitioner.

(2.) THE Petitioner, is a life convict, who was convicted under Ss. 120-B, 365, 386 r/w. 34 and 302 r/w. 34, I. P. C. and sentenced to death (under S. 302 r/w. 34, i. P. C.), R. I. for 10 years (under S. 386 r/w. 34, I. P. C.) and R. I. for 7 years (under S. 365, I. P. C.) by the Sessions Court, Chennai, in S. C. No. 227/94 on 27-11-1996. In C. A. No. 58/97, the High Court has confirmed the conviction and sentence awarded to the petitioner. The sentence of death awarded to the petitioner was subsequently commuted to imprisonment for life by the Supreme Court of India in C. A. Nos. 1234 to 1237/97.

(3.) THE petitioner has completed 13 years of actual sentence as on 1-3-2007. According to the petitioner as he has served more than 10 years, he is eligible for release as per G. O. (Ms ). No. 873 Home (Prison IV)Department, dated 14-9-2006. The contention of the petitioner is that excluding the petitioner from the list of lifters eligible for remission under the said G. O. is arbitrary and unreasonable.