The main legal point established in the judgment is that under the Tamil Nadu Suspension of Sentence Rules 1982, a prisoner can be granted ordinary leave for the purpose of participating in their own marriage or the marriage of their family members. The judgment also reaffirmed the jurisdiction of the High Courts and the Supreme Court to direct the temporary release of a detenu in the interest of justice.

M. VENUGOPAL, J.

Heard the Learned Counsel for the Petitioner and the Learned Government Advocate (Crl.Side) for the Respondents.

2. According to the Petitioner/mother of the Detenu, her son Perumal @ Pethaperumal was arrested by the Inspector of Police, Manoor Police Station, Tirunelveli District, in respect of an offence under Section 302 of the Indian Penal Code and later, the Learned First Additional District Judge, Thirunelveli, had convicted and sentenced him to undergo life imprisonment and he was also directed to pay a fine of Rs.5000/-, in default of payment of the said fine amount, he was directed to undergo one year Rigorous Imprisonment and lodged in the Central Prison, Palayamkottai, Thirunelveli District. Subsequently, he was transferred and now he is lodged at Central Prison, Vellore District.

3. The Learned Counsel for the Petitioner submits that as against the judgment in S.C.No.296 of 2016, the Petitioner's son, viz., Perumal @ Pethaperumal, filed Criminal Appeal No (MD). 301 of 2011 on the file of the Madurai Bench of Madras High Court and the said Appeal was dismissed by this Court. Latter, the matter is further taken to the Hon'ble Supreme Court of India, where the Appeal preferred by the Petitioner's son is pending.

4. The stand of the Petitioner is that her son's marriage is to be performed at Arulmigu Sri Murugan Temple, Tirunelveli on 02.05.2018 and further, the Petitioner requires her son's presence for mobilizing money for his marriage expenses. It appears that the Petitioner sent a representation to the Respondents 1 and 2 on 11.4.2018, however, her representation has not met with any response. Hence, the Petitioner has filed the present Writ of Habeas Corpus Petition praying for passing of an order by this Court for granting 15 days parole to her son Perumal @ Pethaperumal for the purpose of solemnization of his marriage, which is scheduled to take place on 02.05.2018.

5. Per contra, it is the submission of the Learned Government Advocate (Crl.Side) that the Petitioner's son Perumal @ Pethaperumal (Life Convict) cannot be granted leave as per Rule 35 of the Tamil Nadu Suspension of Sentence Rules, 1982, in a pending case. Further, it is projected on the side of the Respondents that as per Rule 13 of the Tamil Nadu Suspension of Sentence Rule 1982, the maximum period of emergency leave to be granted to a prisoner is 15 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 etc. Apart from that Rule 22(2) says that the period of leave shall not exceed one month at a time unless it is extended by the Government.

6. Lastly, it is the submission of the Learned Government Advocate (Crl.Side) that 'leave' cannot be claimed as a matter of right. It is only a concession granted to the convict/prisoner. Moreover, as per Rule 19 of the Tamil Nadu Suspension of Sentence Rules, the Deputy Inspector General of Prisons has the power to grant only 30 days of ordinary leave to the prisoners.

7. At this stage, this Court aptly points out Rule 20 of the Tamil Nadu Suspension of Sentence Rules 1982, which reads as under:-

“20. Grounds for the grant of ordinary leave-The grounds for the grant of ordinary leave to a prisoner shall be-

(i) to make arrangements for the livelihood of his family and for the settlement of life after release;

(ii) to make arrangements for the admission of the children in the school or college;

(iii) construction or repairing the homestead;

(iv) to make arrangements or to participate in the marriage of the prisoner, sons, daughters, full brother or full sisters, as the case may be, of the prisoner;

(v) settling family disputes like partition, etc;

(vi) agricultural operations like sowing, harvesting etc;

(vii) any other extraordinary reasons; and

(viii) in case of female pregnant prisoners, for having delivery outside the prison.”

8. As per Rule 20(iv) of the Tamil Nadu Suspension of Sentence Rules 1982, to