Supreme Court Directs Tamil Nadu Government To Consider Premature Release Of Convicted Sri Lankan Citizen In Jail For Over 35 Years

A Bench of Justices Abhay S Oka and Justice Rajesh Bindal was considering a petition challenging the denial of the petitioner’s premature release based on a 2018 policy.

“We direct the State of Tamil Nadu to reconsider the issue of pre-mature release of the petitioner in the light of what is observed in this order within a maximum period of three weeks from today.”

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 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.

During the previous hearing, the Additional Solicitor General Sanjay Jain had made a statement that petitioner’s travel documents were awaited.

Senior Counsel V Giri, appearing for Tamil Nadu had informed that the State has set up transit camps where both, foreigners who have over stayed in India as well are refugees are accommodated. The petitioner can be shifted to one such transit camp if the court orders so, the Bench was told.

If he is shifted to a transit camp, the State Government can ensure that he does not move out, till he goes back to his own country, the Court observed.

The Top Court, after noting that there were no other offences committed by the petitioner, asked the State government to consider his request for premature release. In the meanwhile, the Court ordered for the petitioner to be shifted to an appropriate transit camp. The Bench granted a week’s time for this process. The matter will come up next on March 27.

Senior Advocate Gopal Sankaranarayanan appeared for the petitioner.

Case Title: Rajan vs State of Tamil Nadu

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