In Brief
The Supreme Court examined whether habeas corpus writs can compel release of prisoners under a government premature release scheme without the State first deciding their applications. Five appellants (including H. Nilofer Nisha) challenged High Court orders directing their immediate release under a Tamil Nadu scheme for early prisoner release. The Court held that habeas corpus, though protecting fundamental rights during incarceration, cannot substitute for administrative discretion on parole and remission. The High Court erred in directing release without first requiring the State to decide representations. However, applying Article 142 (extraordinary jurisdiction), the Court released four prisoners showing long incarceration, rehabilitation, and educational achievement. One case was remanded for the State to decide within six weeks.
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