M. SUNDAR, R. SAKTHIVEL
Shamma – Appellant
Versus
State Rep. by its The Secretary to Government of Tamil Nadu, Department of Home, Chennai – Respondent
JUDGMENT
M. Sundar, J.
1. Captioned writ petition has been filed with a mandamusprayer for extension of ordinary leave for the writ petitioner''sspouse one Aslam, S/o.Jainulapudin, aged about 49 years, ConvictPrisoner No.18819 qua Central Prison, Coimbatore.
2. Dr. S.Manoharan, learned counsel for petitioner submitsthat this Court in and by an order dated 23.06.2023 made inW.P.No.7167 of 2023 had granted 22 days leave without escort(29.06.2023 to 20.07.2023). Our attention is drawn to the orderdated 23.06.2023 made in W.P.No.7167 of 2023 and a scannedreproduction of the same is as follows:
3. The abovesaid order captures the facts, circumstancesand grounds on which leave has been granted and trajectory thematter has taken thus far. Therefore, we are not setting out thesame again in this order. Suffice to say that the aforementionedorder shall be read as an integral part and parcel of this order.
4. Learned counsel submits that today is the 22nd day andthe convict prisoner has been complying with the condition diligentlywithout any deviation.
5. Issue notice.
6. Mr. E. Raj Thilak, learned State Additional PublicProsecutor accepts notice for all three respondents.
7. Owing to the limited sco
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 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....
The authorities must consider previous court orders and the convict's compliance with leave conditions when deciding leave requests.
Courts cannot extend prison leave beyond rules to avoid setting precedents, despite medical hardships.
Prison authorities must process emergency leave representations under Tamil Nadu rules promptly if sufficient cause shown.
Minimum sentence period must be satisfied before ordinary leave can be granted to a convict.
A convict must satisfy the prescribed minimum sentence period for ordinary leave; court may allow reconsideration for emergency leave under the Rules.
A convict who has previously absconded and failed to comply with conditions set for leave is ineligible for further ordinary leave under the Tamil Nadu Suspension of Sentence Rules, 1982.
The court emphasizes the discretion of the governing authority under Rule 40 of the Tamil Nadu Suspension of Sentence Rules, allowing temporary leave despite pending cases under specific conditions.
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