HC dismisses plea for early release of 66-yr-old convict with AIDS

The plea was moved by the convict Gandhi Kumar’s sister Chittammal. She had contended that as per as per Rule 341(7) of Tamil Nadu Prison Rules, 1983, male prisoners over 65 years and female prisoners over 55 years undergoing sentence of life imprisonment shall be eligible for premature release after serving out sentence of two years and six months of actual imprisonment that is with remission.

Based on this, she submitted that her brother has completed 66 years of age and he is also suffering from terminal illness AIDS and hence sought for his premature release under the said Rule.

However, the Additional Public Prosecutor submitted that Section 433 & 126A of the Criminal Procedure Code restricts the powers of the government to remission or commutation in certain cases. He said as per the rule where a life sentence is imposed for an offence for which death is one of the punishment provided by law, or, where a sentence of death imposed on a person has been commuted into one of imprisonment for life, such person shall not be released from prison unless he had served at least 14 years of imprisonment.

Based on this the bench comprising Justice P N Prakash and Justice B Pugalendhi, said “As rightly pointed out by the APP, the proviso to Rule 341(2) prohibits any premature release in the case of prisoners, sentenced to imprisonment for life for an offence, for which death is one of the punishments awarded by law or in whose case sentence of death imprisonment has been commuted into imprisonment for life, shall be placed before the Advisory Board only, if they have served at least fourteen years of imprisonment.”

“In view of the provisions under Section 433 & 126 A of CrPC and the specific bar under Rule 341(2) of Tamil Nadu Prison Rules, 1983, this plea is not maintainable,” the bench added while dismissing the petition.