Freedom from life imprisonment: Convict all set to be freed

Times of India: Chennai: Sunday, January 26, 2014.

Life convict Susairaj still cannot believe that his impulsive decision to return to jail one day late after a three-day emergency parole in 2006 has resulted in six years of additional imprisonment. He is all set to be released from jail now, thanks to an order of the Madras high court which said the alleged prison offence should not be held against him.

Susairaj, 43, married with two daughters, was arrested by the Kasimedu police in 1997 in connection with a murder case. He was found guilty and sentenced to imprisonment for life. The sentence was confirmed by the high court too.

On November 10, 2006, he managed to obtain three-day emergency parole from jail authorities to visit his ailing mother and children. Though he was supposed to return to the prison by November 14, 2006, he stayed back for a day as the children had high fever. He, however, returned to jail in the early morning of November 15, 2006, said his counsel P Pugalenthi.

The then DMK government had come out with an amnesty scheme for life convicts and decided to prematurely release those lifers who had completed seven years of actual imprisonment, as on September 15, 2008. A total of 1,405 life convicts were given premature release on that occasion.

Susairaj's hopes to be included in the list of beneficiaries were dashed when he was not released, apparently due to the prison offence of skipping a day during parole visit. As Susairaj had completed eight years of actual imprisonment on the cutoff date, he was fully eligible for the premature release benefit, but for the alleged prison offence, submitted advocate M Radhakrishnan.

Interestingly, information obtained through Right To Information (RTI) Act revealed that there were no prison records about the alleged overstay of Susairaj during parole visit. His wife Meena then moved the high court for the early life of her husband.

A division bench of Justice S Rajeswaran and Justice P N Prakash, allowing her plea on Wednesday, said: "The detenu has overstayed for a day, which certainly cannot be put against him for considering his premature release." They also directed the prison authorities to release Susairaj immediately unless he is not required in connection with any other case.