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M. SUNDAR, R. SAKTHIVEL
Sathyakala – Appellant
Versus
State Rep. By its The Deputy Inspector General of Prison Coimbatore Zone Coimbatore – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the records pertaining to the impugned order bearing No.15623/Tha.Ku.3/2023, dated 01.08.2023 passed by the second respondent and quash the same and consecutively direct the respondents to grant ordinary leave for 21 days without escort to the detenu Navaneethakrishnan, son of Rathinasami, aged about 35 years, bearing Convict No16412 at Central Prison, Coimbatore.)
M. Sundar, J.
1. This order will now dispose of the captioned Writ Petition.
2. Factual matrix in the captioned writ petition is that writ petitioner''s brother one Thiru.Navaneethakrishnan, son of Thiru. Rathinasami is a life convict (Convict No.16412) and he is now lodged in Central Prison, Coimbatore; that convict prisoner was convicted vide judgment dated 19.02.2013 in S.C.No.103 of 2012 on the file of ''II Additional District and Sessions Judge, Tiruppur'' [hereinafter ''trial Court'' for the sake of convenience and clarity]; that as regards the sentence, life imprisonment and fine of Rs.1500/- with six months simple imprisonment in the event of default to pay fine for Sec
The central legal point established in the judgment is the court's constitutional power to relax rules, such as Rule 21(b) of the Tamil Nadu Suspension of Sentence Rules, 1982, in suitable cases.
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....
A piece of Subordinate Legislation cannot abridge or denude Constitutional powers of the Court.
The central legal point established in the judgment is that Rule 35 of the Sentence Suspension Rules prohibits granting leave to a prisoner with a pending criminal case, and Rule 40 does not grant th....
The court maintains discretion to grant ordinary leave to long-term incarcerated convicts, overriding prison rule restrictions when precedent justifies such relief for humanitarian or rehabilitative ....
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....
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