CHENNAI: Madras High Court has directed the prisons department to process the applications submitted for premature release of convicts based on seniority and by “scrupulously following” the procedures contemplated in the relevant G.O. in order to avoid undue delay and extend the benefits to all eligible convicts.
“Representations for premature release or to redress any other grievances ought to be considered by competent authority in a consistent manner and by considering the date of receipt of such representation. It is to be decided on seniority basis so as to avoid discrimination among the applicants,” a division bench of Justices SM Subramaniam and V Sivagnanam said in a recent order.
The bench stressed that there cannot be any discrimination as the equality clause enunciated under the Constitution requires the government officials to deal with the representations of the convicts in a “uniform and consistent manner” so as to ensure the benefits of premature release is extended to all the eligible convicts.
“DGP of Prisons is directed to issue suitable circulars/instructions within four weeks to all the competent authorities to process such applications based on seniority by maintaining a register..,” the bench ordered. The order was passed on a petition filed by Yasodha seeking a direction for the premature release of her husband Eswaran, a life convict. The court asked her to submit a fresh representation to the authorities.