JUDGMENT :

Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to grant parole for 30 days without escort to my husband namely; Mohammed Ali, S/o.Khaja Mohideen, aged aged about 49 years, Life Convict No.10727, detained at Central Prison, Coimbatore.

1. A vexed question which puts the jail authorities in a quandary every time they deal with a leave petition submitted by a convict who is convicted under laws which fall under the Executive Power of the Union and also to which the Executive Power of the State extends, is attempted to be given a definite answer. This will be the most appropriate case, since the convict has been convicted and sentenced under laws referable to List I, List II and List III of Schedule VII of the Constitution of India, 1950 (hereinafter referred to as “the Constitution”).

2. When the matter came up for hearing on 25.01.2021, this Court passed the following Order and this Order captures the purpose for which the present Writ Petition was filed before this Court.

This Writ Petition has been filed for the issue of a writ of mandamus directing the respondents to grant emergency l