Do Muslim life convicts in Tamil Nadu prison face discrimation in claiming premature release? Letter to Chief Minister raises questions

Parents of Umar Farooq, a life convict, are holding a placard that reads “Tamil Nadu Government! Muslim life convicts are suffering in prison for more than 20 years. Release them! | Picture by arrangement

According to the letter by the Director of Prisoner Rights Forum, P. Pugalenthi, 38 Muslim life convicts from Coimbatore central prison, Vellore central prison, Palayamkottai central prison, Cuddalore central prison and Puzhal central prison in Chennai, Tamil Nadu are prescribed as eligible for premature release. The letter has raised the question of Muslim life convicts facing religious discrimination in legally claiming a premature release in the state. The letter has appealed the Tamil Nadu government to release these Muslim life convicts on the eve of the birth anniversary of former Chief Minister of the state M. Karunanidhi, popularly known as Kalaignar.


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Shalini S | TwoCircles.net

 

TAMIL NADU – In a representative letter to the Chief Minister of Tamil Nadu MK Stalin, the Director of Prisoner Rights Forum, P. Pugalenthi had requested the newly elected government to release 38 Muslim life convicts languishing in Tamil Nadu prisons for the last 22 years. 

 

The letter has raised the question of Muslim life convicts facing religious discrimination in legally claiming a premature release in the state. 

 

According to the letter, 38 Muslim life convicts from Coimbatore central prison, Vellore central prison, Palayamkottai central prison, Cuddalore central prison and Puzhal central prison in Chennai are prescribed as eligible for premature release.

 

In 2008, the then ruling DMK government released 1405 life convicts who served 10 years in prison by passing the G.O. (Ms) No. 1115 Home (Prison – IV) Department Dated 11.09.2008 to mark the birth centenary of Arignar Anna. Again in 2018, the AIADMK government released 1750 life convicts who served 10 years in prison by passing the G.O. (Ms) No. 64 Home (Prison – IV) Department Dated. 01.02.2018 to mark the birth centenary of MGR. Arignar Anna (CN Annadurai) and MGR (MG Ramachandran), who were former Chief Ministers of Tamil Nadu. 

 

Pugalenthi, in the letter, refers to the scheme introduced in the year 1994 for the premature release of life convicts (Letter (FS) No.1358 Home, Dated 10.11.94) who have served 20 years of imprisonment on humanitarian grounds under article 161 of the Indian constitution.

 

“But Muslim prisoners who served a lifetime of 20 years in the prison did not get released in the year 2018. The only reason why they weren’t released is that they are Muslims,” writes Pugalenthi.

 

Kadhar, a relative of one of the Muslim life convicts and an advocate, in a debate on Sathiyam TV said, “Muslim prisoners issue is treated with discrimination everywhere. Not a single Muslim life convicts were released in the year 2008 and 2018. The issue was raised (sic) in 2008 by Muslim politicians and the Muslim population. Followed by this, in 2010, over 10 Muslim prisoners were released, but those prisoners’ sentence was going to end in a short period of time anyways. It was an eyewash.”

 

He further questions, “In the year 2008, convicts involved in Leelavathi murder case were released, one should check if they meet the eligibility criteria as mentioned in the GO. In the same year, an order was passed to release Zahir, a Muslim convict, who met the eligibility criteria for premature release, but immediately an SLP (Special Leave Petition) was filed against him in the Supreme Court. He is still in Puzhal jail. If there is no religious bias, shouldn’t he be released by now?” 

 

He points out the release of ineligible life convicts involved in Dharmapuri bus burning case in 2018 and the release of convicts who have committed the horrendous crime as in the Melavalavu case in the same year.

 

Kadhar also said that Muslim life convicts are not given the legal privilege to get parole without an escort. “Prison should be a place for rehabilitation, not retribution. We are hoping that the DMK government will release these Muslim life convicts marking the 97th birth anniversary of Kalaignar (M. Karunanidhi, former Chief Minister of Tamil Nadu).” 

Pugalenthi too conveys the same in his letter.

 

“If the prisoners are released, they will live with their family and will not indulge in any criminal activities. Prisoner Rights Forum provides assurance on behalf of them,” reads the letter.  

 

Kadhar had also cited instances of Muslim convicts now leading a life of good conduct following their release.

 

Viduthalai Chiruthaigal Katchigal (VCK), a political party in Tamil Nadu that widely combats caste-based discrimination in a statement on June 1, requested the Tamil Nadu government concerning the same. 

 

“Life convicts including Muslims should be released. The government should also release the elderly, prisoners with acute illness, convicts who can’t afford a lawyer to plead their case, women prisoners and Eelam Tamil life convicts including Perarivalan, Murugan and Nalini to mark the birth anniversary of Kalaignar,” the statement said. 

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