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 leave for medical treatment.

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 mother of the detenu that her son was convicted and sentenced to undergo life imprisonment for the offence under Section 302 r/w 109 of I.P.C. in S.C.No.109/2005 on 31.07.2014 by the Principal Sessions Judge, Trichy. It is further case of the petitioner that her son has been in jail for nearly seven years at Central Prison, Salem. That apart, the detenu is suffering from Varicose vein in his left leg and got serious health ailments in his knee. As the condition is getting worse day by day, Doctor advised him to undergo surgery for betterment of the condition. Hence the petitioner sent a representation on 20.04.2022 to the respondents and as the same was not considered, the petitioner originally filed the Writ petition, seeking a direction for grant of leave for 30 days. However, pending disposal of the Writ Petition, the respondents have rejected her request by proceedings dated 12.05.2022 in No.9423/tha.ku.3/2022 and therefore, the prayer sought for in this Writ Petition has been amended vide order 19.05.2022.

3. The Respondents, by filing a counter affidavit, opposed the grant of leave to the detenu on the ground that the detenu has not completed requisite number of years of imprisonment to avail the benefit of leave sought for by him and that the matter is pending before the Hon'ble Supreme Court and therefore he is not entitled for the leave sought for by him, as per Rule 35 of the Tamil Nadu Suspension of Sentence Rules, 1982 (in short 'the TNSS Rules, 1982”).

4. The learned Additional Public Prosecutor would submit that the detenu has been granted leave on various dates in the year 2020 and taking note of the fact that her son was already granted leave fore more than a month in the year 2021, the leave sought for at present cannot be granted and the respondents have rightly rejected the request of the petitioner.

5. Heard both sides.

6. A Medical report of the detenu from the Kauvery Hospital, Trichy dated 09.08.2022 has been produced before this Court and a perusal of the same would go to show that the convict is suffering from Varicose vein and he has to undergo surgery. Though the facts narrated above are not in dispute, Rule 20 (vii) of the Rules will have to be looked into in a harmonious way, which specifically contemplates a provision "any other extraordinary reasons;" to consider the grant of leave, if the Court finds justification or extraordinary reason. That apart in terms of Rule 40 of the said Rules, Government is also empowered to consider and grant exemption under extraordinary circumstances and the powers cannot be curtailed in the light of Rule 20 (vii) r/w Rule 40.

7. Taking note of the contention of both parties and considering the health ailments suffered by the detenu, we are inclined to inter