MADURAI: The Madurai Bench of the Madras High Court on Thursday directed the state government to revoke a remission order and restore the conviction of a life convict in the Melavalavu massacre case, as he violated premature release conditions by getting involved in a fresh case.
A division bench of Justices AD Jagadish Chandira and K Rajasekar was hearing a petition filed by A Manikandan, which stated that Sekar was one of the life convicts in the Melavalavu massacre case and he was prematurely released in 2019.
However, the Melavalavu police registered a fresh case against Sekar in 2023 under various Sections of the IPC, including 307, and the SC/ST (Prevention of Atrocities) Act, and he has been remanded in prison to date in the case. As Sekar violated the premature release conditions, the petitioner demanded to quash the premature release and restore the life conviction.
The court said that though Sekar is expected to comply with the conditions till the date of expiry of his normal period of imprisonment, he may contend that he does not come within the purview of the provisions for revocation of the remission order. Sekar then made a contention that the present complaint was false and has mala fide intention, and until the offence alleged has been proved through a trial, mere registration of a case cannot be taken into consideration for invoking the clause of revocation.
The court said it has to be borne in mind that an FIR is registered only when a complaint discloses the commission of the cognizable offence. "The registration of the FIR and the arrest made thereon would clearly prove the cognizance. So, the contention cannot be sustained," the court.
The court further said it is of the view that it is the bounden duty on the part of the authorities concerned, who cannot shirk from their responsibility, to initiate steps for revoking the remission order by implementing the default clause in the Bond under Form No.130 under Rule 341(8) of the Tamil Nadu Prison Rules, 1983 executed, when it has been brought to the notice by the petitioner. Their inaction had resulted in the filing of the present writ petition warranting interference of the court. The court directed to revoke the remission order in exercise of the default clause in the Bond executed and restore the conviction and sentence imposed on Sekar.