Chennai: In a move to protect fundamental rights and one’s liberty that cannot be curtailed based on “viewer views,” Madras High Court ordered the immediate release of one Rajendran, serving a life term.
Rajendran (57) along with three others was sentenced to life by a session’s court in Chengalpet in 1990, in a murder case of 1988.
DMK in September 2008 had introduced a premature release scheme under which lifers who had completed seven years of sentence were eligible to be considered for release. While the three co-convicts were released, Rajendran was not as his family was unwilling to take him back.
Since a precondition for release is acceptance by the family, his case remained in limbo till a lawyer P Pugalenthi filed a Habeas Corpus Petition, seeking his immediate release.
The state government opposed it, saying though the convict was eligible for premature release, his family was still objecting to it
A division bench, comprising Justices S Tamilvanan and C T Selvam rejected the government stand, saying he is entitled to get premature release, as that of other similarly placed persons.
“Based on the views of family members and others, it cannot be decided. It is made clear that fundamental rights cannot be taken away by any enactment and the person’s liberty cannot be curtailed based on the viewer views.”
The bench pointed out that the government had not raised any objection other than the family angle. Therefore Rajendran must be released immediately in terms of the September 11, 2008 G.O., it said.
(With PTI inputs)