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P. N. PRAKASH, RMT. TEEKAA RAMAN
R. Chellammal – Appellant
Versus
State Represented by its The Deputy Inspector General of Prison, Salem – Respondent
JUDGMENT
(Prayer: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant extension of leave from 22.09.2022 for 20 days without escort to the detenu R.Manoharan s/o.Rajalingam, aged about 53 years, Convict No.8610, detained at Central Prison, Salem.)
P.N. Prakash, J.
1. This miscellaneous petition has been filed seeking a direction to the respondents to grant extension of leave from 22.09.2022 for 20 days without escort to the convict prisoner R.Manoharan s/o.Rajalingam, aged about 53 years, Convict No.8610, detained at Central Prison, Salem.
2. On 29.08.2022, this Court passed the following order:
"This Writ Petition has been filed, seeking to quash the order dated 12.05.2022 made in No.9423/tha.ku.3/2022 dated 12.05.2022 passed by the 2nd respondent, whereby the request of the petitioner to grant leave for 30 days to her son / detenu, namely, R.Manoharan S/o.Rajalingam, aged about 60 years, Convict No.8610, detained at Central Prison, Salem was declined. The petitioner also sought a direction to the respondents to release her son.
2. It is the case of the petitioner, who is the moth
The court's decision emphasized the importance of considering the health condition of the convict prisoner and the provisions under the Tamil Nadu Suspension of Sentence Rules, 1982, in granting leav....
The central legal point established is the consideration of medical grounds and the interpretation of the eligibility for ordinary leave under Rule 22(3) of the Tamil Nadu Suspension of Sentence Rule....
The central legal point established in the judgment is the application of the Tamil Nadu Suspension of Sentence Rules, 1982, in granting further leave to a convict prisoner based on the absence of se....
Compassionate grounds can justify the granting of emergency leave to a convict prisoner, provided that the leave is utilized for the stated purpose and conditions of the Jail Manual are followed.
The court's decision was influenced by the medical grounds for leave, compliance of the convict prisoner, and the statutory cap on the maximum number of days for leave under the relevant rules.
The right to request an extension of emergency leave for a convict is grounded in considerations of familial obligations and recent life events.
The court may grant ordinary leave to a convict prisoner where the refusal grounds lack factual basis and the prisoner has a record of good conduct, especially when humanitarian grounds like care for....
Prison authorities must promptly communicate and implement granted ordinary leave to convicts without unjustified delay.
The bar under Rule 21(b) of the Tamil Nadu Suspension of Sentence Rules, 1982, denying leave to convicts sentenced for specific offences under Sections 392-407 of the IPC, ceases to apply once the sp....
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