MADURAI: The Madurai Bench of the Madras High Court has reaffirmed that the power to grant premature release lies at the discretion of the government, the Governor, and the President under Section 432 of the Code of Criminal Procedure, 1973, and Articles 161 and 72 of the Constitution, and directed authorities to reconsider a fresh representation from a life convict seeking early release.
The 82-year-old petitioner, Paul, was sentenced to life imprisonment in 1994 in a murder case. While out on bail, he committed a second murder and was awarded another life sentence in 2005. His appeals against both convictions were dismissed by the Madras High Court. His son had earlier petitioned for premature release, following which the high court directed authorities to consider the plea.
However, prison officials rejected the request. Challenging this decision, Paul filed a fresh petition seeking premature release. The petitioner’s counsel argued that the life convict completed 20 years of imprisonment in both cases and sought reconsideration based on his age and the length of his sentence. When the petition came up for hearing, a Division Bench of Justices G Jayachandran and R Poornima noted that the advisory board had not recommended his release due to his second murder conviction.
While a 2023 G.O disqualifies prisoners convicted of rape or multiple murders from premature release, the judges pointed out that Paul was not convicted in a rape case and had been convicted for two murders, not more than two. The court further observed that the same G.O allows life convicts aged 60 and above to be considered for premature release if they have served at least 20 years, irrespective of other eligibility conditions. The court then granted Paul the liberty to submit a fresh representation to prison authorities seeking premature release.