Madras HC Orders Prisons to Prioritize Seniority in Processing Premature Release Applications

The Madras High Court has directed the prisons department to process applications for the premature release of convicts based on seniority and to “scrupulously follow” the procedures outlined in the relevant Government Order (G.O.) to avoid undue delays and ensure that all eligible convicts receive the benefits.

A bench of Justices S.M. Subramaniam and V Sivagnanam stated, “Representations for premature release or for addressing any other grievances must be considered by the competent authority in a consistent manner, taking into account the date of receipt of such representations. Decisions should be made on a seniority basis to prevent discrimination among the applicants.”

The division bench emphasized that discrimination cannot be tolerated, as the equality clause under the Constitution mandates that government officials handle the representations of convicts in a “uniform and consistent manner” to ensure that the benefits of premature release are extended to all eligible convicts.

The Director General of Prisons (DGP) has been instructed to issue appropriate circulars or instructions within four weeks to all competent authorities to process such applications based on seniority by maintaining a register.

This order was issued in response to a petition filed by Yasodha, who sought a directive for the premature release of her husband, Eswaran, a life convict. The court advised her to submit a fresh representation to the authorities.

Read More: Supreme Court, Delhi High Court, States High Court, International