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R. SURESH KUMAR, K. K. RAMAKRISHNAN
Raja Mohamed – Appellant
Versus
Deputy Inspector General of Prisons & Correctional Services, Madurai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 1st respondent in order No. 533/cj2/2023, dated 10.03.2023 and quash the same as illegal, arbitrary and consequently, direct the 1st respondent to release the petitioner''s brother by name Sabir Ahamed, L.C.T.No.4117, confined at Central Prison, Palayamkottai on ordinary leave for 40 days.)
R. Suresh Kumar, J.
1. The order of the 1st respondent dated 10.03.2023, refusing to grant leave to the petitioner''s brother, is under challenge in this Writ Petition.
2. The petitioner''s brother, namely, Sabir Ahamed, is the life convict and has been in the 2nd respondent Central Prison and he become eligible to get ordinary leave to the extent of 40 days. In order to look after the ailing mother of the convict, the petitioner on his behalf made a request to the jail authorities, which has been turned out through the impugned order dated 10.03.2023.
3. Assailing the said order, Mr.A.Balaji, learned counsel for the petitioner would submit that there are two reasons cited for getting leave and insofar as m
The court has the discretion to grant leave to a convict based on eligibility and the likelihood of law and order issues, and may impose conditions on the leave granted.
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....
The court held that emergency leave can be granted to a convict under extraordinary circumstances, despite concurrent legal issues.
An ordinary leave application of a life convict is not maintainable unless the convict has completed three years of imprisonment as per the Tamil Nadu Suspension of Sentence Rules, 1982.
Grant of ordinary leave to life convicts may be allowed when previous compliance with leave conditions is shown.
Past disciplinary infractions, such as absconding while on leave, do not create a perpetual bar against future leave eligibility if the prisoner has demonstrated consistent compliance and good conduc....
The court can grant leave to a convict prisoner based on favorable recommendations from a Probation Officer, despite inaccuracies in the leave application.
The central legal point established in the judgment is that the pendency of an appeal before the Hon'ble Supreme Court does not necessarily bar the grant of ordinary leave to a convict prisoner, espe....
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