CHENNAI: Quashing an order of the Tamil Nadu Home department denying premature release of a life convict, the Madras High Court on Friday directed the superintendent of Puzhal prison to release her within two days of receipt of the order.
The court passed the orders while hearing a writ petition filed by Manikandan, husband of the convict Poovarasi, who had contended that she was eligible for a premature release based on a November 2021 G.O, allowing release of convicts who had completed 10 years of actual imprisonment as on September 15, 2021, subject to certain conditions. Advocate S Manoharan appeared for the petitioner.
The 2011 G.O. was announced as a one-time measure in commemoration of the 113th birth anniversary of former TN chief minister CN Annadurai. In October 2023, the government issued a G.O. and rejected her claim for early release based on the 2021 G.O, citing her involvement in the heinous crime of murdering a three-and-a-half-year-old child and that her case had not been recommended by the state level committee for consideration.
Another reason for the government rejecting Poovarasi’s claim was the contention that the 2021 G.O. was only for those who were eligible for release as on September 15, 2021 and that it could not be extended later to persons even if they fulfilled the requisite conditions on a later date.
Ordering her release, Justice MS Ramesh and Justice Sunder Mohan pointed out that Poovarasi had completed 10 years of imprisonment on September 15, 2021, while the reason that the G.O. could not be applied to her is not legally sustainable.
Poovarasi’s probation officer had given a favourable recommendation for her release in his latest report on July 19, 2024, indicating no threat or danger to her or any other person. It was a negative report three years ago that had been used by the director general of prisons to reject her petition for early release.
The judges cited the Supreme Court’s case of Shor vs State of Uttar Pradesh which pointed out that merely stating that a crime was heinous and that release of prisoners would send out a wrong message against the justice system could not alone be a factor for rejection. Factors like prisoner’s conduct in prison, period of incarceration, remorse after imprisonment, and possibility to reintegrate with society and lead a peaceful life have to be assessed.