1. Petitioner is the wife of convict A.Ibrahim, Son of late.Aboobacker, convict No. 5398, who is serving sentence since 11.12.2013 at Central Prison, Puzhal, Chennai. According to the petitioner, her daughter E.Ayishath Shanas marraige has been arranged with N.Sahad Basheer, S/o. Basheer Haji (Chikku), who hails from Kasaragod, Kerala and that the marriage is to be solemnized on 02.02.2014 at Amina Manzil, Choori, Kerala. The petitioner has made a representation to the respondents on 07.01.2014 with a request to grant parole from 31.01.2014 to 07.02.2014 to her husband to enable him to arrange the marriage and participate in the marriage and other related functions. But, so far the respondents have not passed any order and, therefore, the petitioner is before this Court in this writ petition.

2. Mr.K.Sadhanandan, learned counsel appearing for the petitioner, submits that the marriage of the convict's daughter has been fixed on 02.02.2014 and even though a request was made to the respondents on 07.01.2014, no decision has been taken thereon by the respondents. He also would submit that as per the Tamil Nadu Prison Manuals, the right of the convict to attend the marriage of kith and kin is permissible and when the character and conduct of the prisoner is satisfactory, there is no legal impediment for the authorities concerned in considering the request for parole.

3. Mr.V.Jayaprakash Narayanan, learned Special Government Pleader, who took notice for the respondents, has submitted that the petitioner's husband is a convict under NDPS Act and was sentenced to undergo imprisonment for 10 years, consequent thereto, he was confined to the prison only on 11.12.2013, due to which, jail authorities find it difficult to ascertain the conduct of the prisoner within a short span of time. Moreover, the convict belongs to Kasaragode, Kerala and therefore, if he is allowed to go on emergency leave, it will cause great prejudice to the respondents. He has also strongly opposed in granting emergency leave to the convict, stating that there is no report from the Probationary Officer in this regard

4. I have heard the learned counsel appearing on either side and perused the materials made available to the Court.

5. It is not in dispute that the petitioner's husband A.Ibrahim has been convicted for 10 years imprisonment and is undergoing sentence at the Central Prison, Puzhal, Chennai. It is also seen from the marriage invitation annexed in the typed set of papers filed along with this writ petition that petitioner's daughter's marriage is scheduled to be solemnised on 02.02.2014 (Hijra 1435 Rabi-Ul-Aqir) at 10:00 a.m. In Amina Manzil, Choori, Kerala. The claim of the petitioner is that a representation has been made on 07.01.2014. But, it is reported that since the convict was confined to the prison only on 11.12.2013, his character and conduct could not be verified within a short span of time. Whatever be the position, the request of the petitioner for release of her husband from 31.01.2014 to 07.02.2014 cannot be acceded in toto. Rule 13 of the Tamil Nadu Suspension of Sentence Rules, 1982 provides as follows:

"13. Maximum period of emergency leave:

The total period of emergency leave to be granted to a prisoner by the Superintendent of Prisons or the Inspector – General of Prisons, as the case may be, shall be fifteen days in a year to be spread over four spells, subject to the maximum of six days in any one spell according to the need of the prisoner on the occasion and the remaining nine days in three spells each spell not exceeding three days at a time and the decision of the superintendent or the Inspector-General of prisons in deciding the duration of the spell shall be final. However, in exceptional cases, the Government may extend the period of emergency leave following the procedure prescribed in rule 34. Application for emergency leave for the fifth time in a year shall be submitted to Government for prior orders."

6. A reading of t