Madras HC orders release of 86-yr-old life convict

The Madras High Court has directed the release of an 86-year-old life convict on medical grounds, setting aside the objections by top police officers.

A Division Bench comprising Justices M M Sundresh and M Nirmal Kumar, which allowed a habeas corpus petition by the son of the convict-- Bilal Haijiar alias A Abdul Hameed, directed the release within a period of four weeks from the date of receipt of the order copy.

"Merely because there was an objection from the Director General of Police/Inspector General of Prisons, the same cannot be a basis for declining the case of the life convict especially when the authorities who have specific roles to play under Rules 632 and 633 of the Tamil Nadu Prison Rules, 1983 for giving their opinion and recommendation for premature release," it said.

It concurred with the submissions of the counsel for the petitioner and said, "Under Rule 632 of Tamil Nadu Prison Rules, 1983, there is a specific role assigned to the medical officer. This exercise has been done by the Medical Board in favour of the life convict.

"The Medical Board has clearly opined that the life convict is suffering from multi-system and multi-organ diseases which are progressive in nature and some of them are dangerous. Therefore, there is due compliance of Rules 632 and 633 of the Tamil Nadu Prison Rules," it added.

Haijiar is involved in a case punishable for the offence under Section 302 IPC.

The conviction by the trial court was confirmed by the High Court in October, 2018 and the Special Leave Petition filed before the Supreme Court was also dismissed.

A representation was made in January this year, citing Haijiar's health condition.

As it was not disposed of, a direction was issued to the authorities to consider the same in accordance with law. Requests by the convict's son were rejected twice.

The rejection order passed shows that the medical board had opined that the life convict may be released prematurely on medical grounds. He is suffering from multiple system and multiple organ diseases which are progressive in nature and some of them are dangerous.

The Director General of Police/Inspector General of Prisons had also stated that the probation officer and the district Collector had recommended premature release of Haijiar.

However, the impugned order was passed holding that the offence committed by him was serious and there was a likelihood of communal violence which would create law and order problem.

"Insofar as the likelihood of the law and problem is concerned, both the probation officer and the district Collector have recommended for the premature release. We also do not find any material to hold that there is a likelihood of law and order problem," the bench said.

It said the opinion of the medical officer being an expert in the field was binding on the respondents and "thus, we hold that there is no dispute with respect to the precarious condition of the life convict. He is also stated to be at the advanced age of 86 years."