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M. SUNDAR, R. SAKTHIVEL
M. Rajeshwari – Appellant
Versus
Secretary to Government of Tamil Nadu, Department of Home, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to grant leave for three months without escort from 28.07.2023 to the detenu Satishkumar, S/o.Ponmani, aged about 36 years, life Convict No.5247, detained at Central Prison, Palayamkottai.)
M. SUNDAR, J
1. This order will now dispose of the captioned ''Writ Petition'' (hereinafter ''WP'' for the sake of brevity and convenience).
2. Short facts are that the writ petitioner''s spouse one Satishkumar, S/o.Ponmani, aged 36 years is a lifer (Convict No.5247) detained in Central Prison, Palayamkottai; that the convict prisoner was granted 28 days leave without escort from 01.07.2023 to 28.07.2023 with a condition to surrender back on 29.07.2023 at 05.00 p.m; that this 28 days leave was granted by the second respondent; that the petitioner is in advanced stage of pregnancy and presence of her spouse by her side is necessary owing to certain medical complications and also to take care of convict prisoner''s mother (writ petitioner''s mother-in-law); that the convict prisoner is necessary for mobilising funds also; that these are the reasons that w
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 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 High Court has the jurisdiction under Article 226 to modify restrictive conditions (such as police escort) imposed on a convict's ordinary leave by prison authorities if such conditions are found....
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 established that the eligibility for leave for convict prisoners is governed by specific legal provisions, which must be adhered to, limiting the leave duration to what is legally permissib....
The court maintains discretion under Article 226 of the Constitution to grant emergency leave to convicts for humanitarian grounds, such as attending funeral ceremonies of immediate family members, p....
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