chief justice A P Sahi and Justice Senthilkumar Ramamoorthy. The judges passed the order on a petition filed by a victim, whose son and brother were killed by a gang in a gruesome manner in broad day light in Puducherry in 2004. Five men were convicted for the double murder and sentenced to imprisonment for life.
[9/27, 07:35] Sekarreporter 1: Victims, convicts have no say in early release: HC – http://toi.in/Lv-8hY7/a31gj
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[9/27, 07:35] Sekarreporter 1: APPCOVID-19
Victims, convicts have no say in early release: HC
TNN | Sep 27, 2020, 04:27 IST
Chennai: When authorities consider case of convicts for premature release/remission, victims of the crime have no right of personal hearing, the Madras high court has held.
“Authorities concerned do not conduct a hearing for convicts as they do not have a right of being personally heard in matters of remission. There is, therefore, no justification for the appellants to claim personal hearing when the convicts themselves are evenly placed in the matter,” said the first bench of chief justice A P Sahi and Justice Senthilkumar Ramamoorthy.
The judges passed the order on a petition filed by a victim, whose son and brother were killed by a gang in a gruesome manner in broad day light in Puducherry in 2004. Five men were convicted for the double murder and sentenced to imprisonment for life.
Petitioner Dhanasekari and two others apprehended that the convicts — Venkatesh, Sathish, Narayanan, Madhan, and Jai Shankar — serving life imprisonment, would kill the entire family if released early on remission.
Dismissing the appeal, the bench, however, considered the apprehension of the petitioners and said the authority concerned should take into consideration all relevant material, including the objections raised by the appellants, before deciding on the remission.
According to the prosecution, the murder was the result of a gang war in which both sides lost several lives. The five convicts moved an application under a government scheme for early release/remission. When the committee concerned took the applications for consideration, the petitioners filed an objection that the remission should not be decided without giving them an opportunity of personal hearing.
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GO TO BRIEFS
On January 2, 2019, a single judge of the court dismissed the original petition moved by the petitioners. Challenging the dismissal, the petitioners have moved the present appeal.
Rejecting the appeals, the first bench said, “The scales of opportunity to be offered to the convict and the victim have to be evenly balanced. Remission is a discretion to be exercised as per some settled parameters and not as a routine exercise. The convict has only an opportunity for consideration for premature release as it touches upon the concept of liberty.”