MADURAI: Considering the sensitivity of Melavalavu issue and to avoid law and order problems in the village, the Madurai Bench of Madras High Court has restrained the 13 convicts, who were recently granted premature release, from entering the village.
The court has also directed them to stay in Vellore district. This arrangement is till the disposal of a Public Interest Litigation (PIL) petition filed challenging the Government Orders passed for their release.
A Bench comprising Justices S Vaidyanathan and N Anand Venkatesh, in their interim order directed the litigant, P Rathinam, and other organisations concerned "not to rake up the issue" of the release of the convicts through print or social media and to wait for the final decision in the PIL petition.
Madurai Superintendent of Police (SP) was also instructed not to allow any meeting or gathering in connection with the matter.
The 13 convicts were also told to report before the district probation officer concerned at Vellore every second and fourth Sunday and before the Vellore SP every first and third Sunday.
"They cannot leave Vellore district without the permission of the court and should surrender their passports, if any, to Madurai SP," the judges added. The convicts were also told to give their residential address in Vellore and their mobile numbers to both the SPs.
The case has been adjourned to January 6, 2020 for filing of counter by the Home department and serving of notice to the released convicts.
'Not a usual murder'
Perusing the status report filed by the government, the judges noted that the Melavalavu convicts had been considered for release purely based on the requirements of G.O.Ms.No.64, Home (Prison-IV) Department that was passed on February 1, 2018.
But the act of the accused persons, according to the observations of the court in the criminal appeals filed by the convicts, was not merely to murder the deceased but to terrorise the entire Scheduled Caste community who dared to stand in the Panchayat election, they pointed out.
"It clearly shows that this case cannot be looked from the angle of a regular murder and it clearly has an impact on the persons belonging to the downtrodden section of society and society at large and it also sets a precedent for all future cases of similar nature," the judges said.
'Two wrongs will not make things right'
Commenting on the premature release of three other life convicts in the same case in 2008 and it being shown as a precedent for releasing the remaining 13 convicts, the judges said, "A previous wrong cannot justify perpetuating the same wrong in future, that is to say, two wrongs will not make things right."
Though the Supreme Court has placed State's power of remission and pardon on a higher pedestal, the same can be subjected to judicial scrutiny if relevant factors are not considered before exercising the said power, they further opined.
'No law and order problem earlier'
Producing the status report, Advocate General Vijay Narayan, appearing on behalf of the State, contended that the convicts were released only based on the recommendations of the Second Level Committee and the State Level Committee, which had done a very detailed scrutiny of the antecedent, character, conduct in prison, verification of the report of the probation officer and also the character of the convicts while on leave.
"Moreover, there was no law and order problem in Melavalavu village when three other life convicts in the same case were released on remission in 2008 and no problem arose when these 13 life convicts went and stayed in the village after getting special leave on several occasions in the past 10 years," he contended. All the 13 convicts have served in prison for more than 14 years and some have served even 17 years, the AG pointed out.