Supreme Court Comes Down Heavily On TN Govt For Not Complying With Order On Premature Release Of Sri Lankan Citizen

The Supreme Court of India recently pulled up the Tamil Nadu State government for not complying with an earlier direction of the Court to consider the premature release of a convicted Sri Lankan citizen, incarcerated for over 33 years.

While considering the petitioner’s premature release based on a 2018 policy, the Top Court had earlier asked the State government to consider his request. In the meanwhile, the Court ordered for the petitioner to be shifted to an appropriate transit camp and granted a week’s time for this process.

A Bench of Justices Abhay S. Oka and Ahsanuddin Amanullah, though stopped short of initiating contempt action, came down heavily on the State for not adhering to the Court’s earlier order. The Court clarified that if the State fails to take necessary action in 24 hours, it would be dealt with strictly.

“We are shocked to note that though this is a case where the petitioner has undergone incarceration for more than 33 years, such a simple order is not complied with by the respondent-State Government. Today we are avoiding temptation to initiate action under the Contempt of Courts Act, 1971. However, on the failure of the State Government to comply with the above order within 24 hours from now, a strict action will be called for. Time to take decision in terms of paragraph 8 of the order dated 24th February, 2023 is extended by a period of three weeks.”

The petitioner was convicted to suffer life imprisonment and had undergone about 35 years of incarceration. It is the petitioner’s case that for the grant of pre-mature release in terms of Policy dated 1st February, 2018, his application was considered. Through an order dated February 12, 2021, his prayer was rejected on two grounds: first, the seriousness of the crime committed and second, trials of the co-accused were separated. So, pre-mature release of the petitioner would be a hindrance to a fair trial.

Referring to an earlier affidavit filed by the State Government, the Court had previously noted that the petitioner’s conduct in jail was satisfactory. The Court referred to the 2021 order and had recorded that it is essential to ascertain whether the petitioner has been involved in any other crime. On the petitioner’s prayer, the Union of India through the Ministry of Home affairs was impleaded with a view to ensure that after the petitioner’s pre-mature release, he returns to his home country, which was subsequently confirmed.

The matter will be next heard on April 17, 2023.

Case Title: Rajan vs State of Tamil Nadu

Click Here To Read/Download Order