The grant of parole or leave to a convict prisoner is a discretionary power and a privilege, and the judiciary cannot exercise these powers. The prison authorities must consider all relevant aspects before refusing leave to a convict prisoner.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records and quash the proceedings of the third respondent in proceedings No.10651/Tha Ku 4/2022, dated 27.06.2022 and consequently direct the respondents to grant parole for one month to the petitioner's husband Dass @ Vattakannu @ Pethaperumal (Life Convict) confined in Central Prison, Trichy.)

P.N. Prakash , J.

1. This writ petition has been filed to quash the order No.10651/Tha Ku 4/2022, dated 27.06.2022, passed by the third respondent and to direct the respondents to grant parole for one month to the petitioner's husband Doss @ Vattakannu @ Pethaperumal, a life convict, confined in the Central Prison, Trichy.

2. The minimum facts that are required for deciding this writ petition are as under:

2.1. The petitioner, Muthumari, is the wife of Doss @ Vattakkan @ Perumal @ Petha Perumal (hereinafter referred to as “Doss”). Doss faced prosecution in S.C.No.296 of 2010 in the Court of the I Additional Sessions Judge, Tirunelveli and by judgment and order dated 29.07.2011, he was convicted and sentenced as under:

              2.2. The appeal in Crl.A.(MD) No.301 of 2011 that was filed by Doss was dismissed by this Court on 21.11.2012, against which, Doss approached the Supreme Court by filing Crl.A.No.567 of 2014, which was also dismissed on 28.10.2021.

2.3. Doss' marriage with the petitioner was fixed on 02.05.2018. Therefore, a habeas corpus petition in H.C.P. No.835 of 2018 was filed by his mother seeking three months leave for Doss, which was disposed of by this Court on 28.04.2018 by granting one week leave from 29.04.2018 to 06.05.2018. Doss married the petitioner on 02.05.2018 and returned to prison on 06.05.2018. Thereafter, another habeas corpus petition in H.C.P.No.2447 of 2018 was filed by the petitioner seeking further leave for her husband Doss for the purpose of conjugal union and the same was ordered on 26.11.2018. Accordingly, Doss was released on ordinary leave with police escort for two weeks from 15.12.2018 to 29.12.2018 and he returned to prison on 29.12.2018.

2.4. While so, the petitioner gave a fresh leave application dated 30.03.2022 seeking leave for Doss, on the ground that Doss has suffered a fracture in the prison and requires treatment for the same. After giving the representation, the petitioner filed W.P.(MD) No.6919 of 2022, in which, this Court, by order dated 13.04.2022, directed the prison authorities to consider the petitioner's representation dated 30.03.2022. Since the prison authorities were intransigent, the petitioner filed a fresh writ petition in W.P.(MD) No.13315 of 2022 seeking leave for Doss. During the pendency of the said writ petition, the Superintendent, Central Prison, Trichy, communicated the order of the Deputy Inspector General of Prisons, Trichy, dated 25.06.2022, refusing leave to Doss. Therefore, W.P.(MD) No.13315 of 2022 was closed with liberty to the petitioner to work out her remedy in the manner known to law and hence, the present writ petition.

3. Heard Mr.P.Rajkumar, learned counsel for the petitioner and Mr.S.Ravi, learned Additional Public Prosecutor for the respondents.

4. The Superintendent of Prisons, Central Prison, Trichy, where Doss is presently lodged, has filed a detailed counter affidavit dated 14.07.2022, together with a typed set of papers containing the report of the Probation Officer, Tirunelveli, dated 24.06.2022 and the report of the Inspector of Police, Manur Police Station, dated 24.06.2022.

5. Before adverting to the arguments advanced at the bar, it may be pertine