G.R.SWAMINATHAN
Rahmath Nisha – Appellant
Versus
Additional Director General of Prison, O/o the Additional Director General of Prison, Chennai – Respondent
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 to grant 3 days leave to the petitioner's brother namely Mohamed Shalin son of Kajah Mohaideen aged about 39 who is confined at Palayamkottai Central Prison, Tirunelveli as a remand prisoner (R.P.No.2829) in order to attend his wife's funeral by considering her representation dated 01.06.2019 sent through E-mail.)
1. Heard the learned counsel on either side.
2. The petitioner is the sister of one Mohamed Shalin. He is presently confined as a remand prisoner at Palayamkottai Central Prison, Tirunelveli (R.P.No.2829). He is an accused in several Criminal Cases. The wife of Mohamed Shalin, namely Mohamed Ramzan, passed away this morning at about 4.00 a.m. The factum of the death is not in dispute.
3. The petitioner's prayer is that her brother must be granted three days leave to perform the last rites.
4. It is true that the petitioner is not a convict. Therefore, the question of granting leave will not arise. It is a fact that Mohamed Shalin was remanded to judicial custody by the learned Additional CMM, Bangalore, for the offences under
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