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R. SURESH KUMAR, K. K. RAMAKRISHNAN
K. Rajalakhmi – Appellant
Versus
Principal Secretary to the Government of Tamil Nadu, Home (Prison - IV) Department, Secretariat, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to grant parole to the petitioner''s husband viz., Kandhasamy Pandian, S/o. Pandian, Convict Prisoner No.5861, now confined at Central Prison, Madurai for a period of 5 days by considering the petitioner''s representation dated 07.06.2023.)
R. Suresh Kumar, J.
The prayer sought for herein is for a Writ of Mandamus, directing the respondents to grant parole to husband of the petitioner viz., Kandhasamy Pandian, S/o. Pandian, Convict Prisoner No.5861, now confined at Central Prison, Madurai, for a period of 5 days, by considering her representation dated 07.06.2023.
2. The short facts, which are supposed to be noticed for disposal of this Writ Petition are as follows:-
The petitioner''s husband viz., one Kandhasamy Pandian, S/o. Pandian was convicted in a murder case, punishable under Section 302 of I.P.C., corresponding to Crime No.226 of 2007 in Othakadai Police station. The said judgment and conviction, though was appealed before this Court, which was confirmed by the Judgement of this Court, as against which, Special Leave Peti
The main legal point established in the judgment is that the State authorities cannot exercise their power to grant leave under the Tamil Nadu Suspension of Sentence Rules, 1982, when an appeal is pe....
The court concluded that the pendency of an appeal cannot serve as a basis for denying a prisoner's application for leave, clarifying the scope of the Tamil Nadu Suspension of Sentence Rules, 1982.
No mandamus under Article 226 to grant ordinary leave to ineligible convicts under Tamil Nadu Suspension of Sentence Rules, 1982, as ordinary leave suspends sentence via subordinate legislation; cann....
Prisoners may receive ordinary or emergency leave during an appeal under the Tamil Nadu Suspension of Sentence Rules, provided they are not facing concurrent trials, with the Rules aimed at assisting....
The main legal point established in the judgment is that parole cannot be granted by the State Government in the absence of statutory rules, and the court clarified the scope of executive power of th....
Suspension of the execution of a sentence – Appropriate Government for grant of remission or suspension of sentence for these offences is the State Government
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 discretionary nature of granting ordinary leave to convict prisoners under the T.N. Suspension of Sentence Rules and the limitations of the court's jurisdiction in such matters.
State Government lacks authority to suspend sentences and grant parole to convicted prisoners during active appeal proceedings, highlighting the importance of adhering to statutory regulations.
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