The Supreme Court in the case Rajan vs State of Tamil Nadu observed and has directed the Government of Tamil Nadu for considering the premature release of a convicted Sri Lankan citizen, incarcerated for over 35 years.
The bench comprising of Justice Abhay S Oka and Justice Rajesh Bindal in the case observed while considering a plea challenging the denial of the petitioner’s premature release based on a 2018 policy.
It has been directed by the court for reconsidering 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 week.
In the present case, the petitioner was being convicted to suffer life imprisonment and had undergone about 35 years of incarceration. It being the case of the petitioner that for the grant of pre-mature release in terms of Policy dated 01.02.2018, the court considered his application.
The court rejected his prayed in its order dated 01.12.2021 and rejected the same on two grounds: Firstly, the seriousness of the crime committed and Secondly, the trials of the co-accused were separated. Therefore, the pre-mature release of the petitioner would be a hindrance to a fair trial.
The court while referring to an affidavit filed by the State Government, the court noted that the conduct of the petitioner in jail was satisfactory. The said court also referred to 2021 order and had recorded that it is essential to ascertain whether the petitioner has been involved in any other crime.
The counsel, Senior Counsel V Giri, appearing for Tamil Nadu had informed the court that the State has set up transit camps where both the foreigners and the one who have over stayed in India as well as the refugees are being accommodated. The said petitioner can also be shifted to one such transit camp if the court orders so.
The Supreme Court after noting that there were no other offences committed by the petitioner, asked the State government for considering the request made by him for premature release.
Accordingly, the court listed the matter to be next heard on March 27.