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

Chennai : 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.