SC Directs Tamil Nadu Government To Decide Slain Forest Brigand Veerappan's Brother, Mathaiyan's Plea For Remission

The Supreme Court on October 3, directed the Tamil Nadu Government, to decide within four weeks, the representation of Mathaiyan seeking premature release from prison.  The bench of the  Chief Justice Dipak Misra, and Justices A.M.Khanwilkar, and D.Y.Chandrachud, has also directed the Government to communicate the decision to him, so that he is entitled in law to challenge the same before the High Court.  The State Government told the bench that the Advisory Board had already rejected his representation, and the Government would take a decision on the same.

Mathaiyan is the elder brother of slain forest brigand Veerappan and lodged in Salem Central Prison as a life convict since 1997 for offences of murder, causing hurt to deter public servants from performing duties, and dacoity.  He is 69 years old, and had undergone imprisonment as a remand prisoner for 1274 days before 1997. According to his petition,he has so far completed 23 years in prison, and 36 years of actual imprisonment.  According to his Jail Custody Certificate issued on May 12 this year, he had completed sentence of 19 years, four months and 27 days.  On December 16, 2015, the Madras High Court directed the State Government to consider his plea expeditiously.

As he was convicted under Section 396 IPC (dacoity and murder), he was not found eligible for the consideration of premature release in 2008.  However,   he contended that cases of those prisoners, whose premature release was rejected under Advisory Board scheme, were sent to the Government, if they had completed 20 years of actual imprisonment.   He referred to the release of a life convict, lodged in Madurai Central Prison, prematurely on humanitarian ground under Article 161 of the Constitution.

Mathaiyan was represented by senior advocate, Dr.Kailash Chand and Advocate S.D.Dwarakanath.