1997 Melavalavu Massacre: Madras High Court Refuses To Interfere With Premature Release Of 13 Convicts

The Madras High Court has recently dismissed a batch of pleas challenging the premature release of 13 convicts who were convicted in the infamous Melavalavu Massacre. The Melavalavu Massacre was a caste-based violence where a group of men murdered seven people including the Village Panchayat President and Vice-President as they refused to accept a person from the Dalit Community as their village head. 40 men were arrested — the trial court acquitted 23 and convicted 17 for offences under Section 302 r/w 34 IPC and sentenced them to life imprisonment. The conviction was upheld by the High Court and the Supreme Court. Of the 17 convicted, one died in prison and three were released prematurely in 2008. To commemorate the Birth Centenary of former Chief Minister MG Ramachandran, the State framed a scheme for considering the cases of premature release of convicted prisoners who have completed 10 years of imprisonment. The State government thus decided to give amnesty to these life convicts in 2019. While refusing to interfere with the order of the Government, the division bench of Justice G Jayachandran and Justice Sunder Mohan of the Madurai Bench noted that the order of premature release was made after due consideration exercising the State's power conferred under Article 161 of the Constitution. It included objections from the victim’s family and the conduct of the accused. "In the instant case, we find the impugned order of premature release been issued after due consideration of facts relevant. It includes the objections from the side of victims and the conduct of the prisoners during the parole and in prison, the law and order situation prevailing in the Village after three out of 17 convicts released prematurely earlier, the parity between those three convicts and the remaining 13 convicts (one died due to illness)." The petitioners had challenged the premature release by submitting that one of the convicts was previously convicted of committing the double murder of members belonging to the Schedule Caste community which disentitled him to get the benefit of remission. The State had also failed to take into account the fact that the villager was prone to caste discrimination and leaching violence against SC members, it was argued. "Numerous cases registered under the SC & ST (POA) Act, 1989 in the Melavalvu Police Station in the past would show that the premature release of these convicts is not conducive for the peace, tranquillity and safety of the oppressed class. Without considering the safety of the victims family, the State has exercised its power to release them prematurely without application of mind," it was contended. The petitioners also submitted that even though the convicts were acquitted under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, a division bench of the High Court had, while upholding the conviction, said that there was enough material to hold them guilty. The State, however, submitted that the decision for premature release was made after following due procedure and taking into consideration all the relevant factors. Further, with respect to one of the convicts charged with double murder, the State submitted that he was acquitted under the SC & ST (POA) Act. The court noted that the State had considered all relevant factors while granting premature release. "It is further reported by the learned Additional Public Prosecutor through the status report that there is no law and order problem either when the prisoners were released on parole on various occasions and also after their premature release. This justifies the discretion of the State exercising its prerogative power applying mind considering all relevant materials." Thus, the court refused to interfere with the order and dismissed the petitions. Case Title: P Rathinam v. State of Tamil Nadu and others Citation: 2023 LiveLaw (Mad) 47Click here to read/download the judgment

1997 Melavalavu Massacre: Madras High Court Refuses To Interfere With Premature Release Of 13 Convicts

Upasana Sajeev

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