Mother's tears move high court, win relief for terminally ill son

A Subramani / TNN / Apr 3, 2013, 20:03 IST

Text Size

Small
Medium
Large

Saroja is happy her tears moved the high court and brought her son home. But the battle is not over yet - her son B Venkatesan is a convict who has served three of his seven-year jail term, and he is battling terminal stage lung cancer.

Mother's tears move high court, win relief for terminally ill son

CHENNAI: Saroja is happy her tears moved the high court and brought her son home. But the battle is not over yet - her son B Venkatesan is a convict who has served three of his seven-year jail term, and he is battling terminal stage lung cancer.
On Tuesday, a division bench comprising Justice K N Basha and Justice P Devadass, allowing Saroja's plea on humanitarian grounds, directed the Puzhal Central Prison-I authorities to grant 60-day leave to Venkatesan and send him to his mother's residence at Manali, on the outskirts of the city, to try out ayurvedic treatment for his illness.
Venkatesan, 38, was arrested in connection with a murder case reported in 2007. A Fast Track Court in the city found him guilty of murder and sentenced him to imprisonment for life. On appeal, the high court modified the sentence and imposed a seven-year rigorous imprisonment on him for negligence resulting in death.
On Tuesday, Saroja appeared before the division bench, and tearfully submitted that Venkatesan had been diagnosed of advanced stage of lung cancer, and that he was undergoing chemotherapy. She said he was unable to take any food, and that he was counting his days. In view of his poor response to chemotherapy, she wanted to keep him with her and try out ayurveda.

The judges then asked the state public prosecutor S Shanmugavalayudham to ascertain the status from jail authorities. In a fax message to court, the jail superintendent confirmed the terminal nature of Venkatesan's illness and added that his case had been recommended for premature release in view of his poor health. In this regard, he pointed out that as per Tamil Nadu Prison Manual Volume-2, Rule No. 632 and 633, persons with terminal illness are entitled for premature release.

Citing this factual as well as legal position, the judges then said that the prison superintendent had recommended to the Tiruvallur district collector on December 14, 2012, suggesting the premature release of Venkatesan. They then asked the authorities to release Venkatesan on a 60-day ordinary leave. During the period he should stay with his mother at the latter's home in Manali. He should be given treatment and adequate escort too should be deployed, the bench said. It also asked the authorities to process the premature release recommendation within the two-month leave period.
(EOM)

End of Article