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2023 Supreme(Mad) 2833
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.S. SUNDAR, D. BHARATHA CHAKRAVARTHY, JJ.
Vijay Kumar – Appellant
Versus
The Deputy Inspector General (Prison), Tiruchirapalli & Another – Respondents
W.P. (MD) No. 22590 of 2023 & W.M.P. (MD) No. 18838 of 2023
Decided On : 14-09-2023
For the Petitioner:AR. Jeyarhuthran, Advocate. For the Respondents: R1& R2, A. Thiruvadi Kumar, Additional Public Prosecutor.
The obligation to fulfill heavenly obligations and the applicability of previous judgments in similar cases influenced the court's decision to grant leave to the prisoner for performing the funeral rites.
Headnote:
Certiorarified Mandamus - Prisoner's Leave for Funeral Rites - The court quashed the order refusing to grant leave to the prisoner to perform the final rites of his mother, emphasizing the petitioner's brother's obligation to fulfill the heavenly obligations and relying on a previous Division Bench judgment.
Fact of the Case:
The petitioner's brother, a prisoner, was denied leave to perform the final rites of his mother, who had passed away. The petitioner sought a writ to quash the order and direct the authorities to release his brother for the funeral rites.
Finding of the Court:
The court found that the petitioner's brother should be granted leave to perform the final rites of his mother, quashing the impugned order and directing the authorities to release him for two days specifically for the funeral rites.
Issues: The main issue was the refusal of leave to the prisoner to perform the final rites of his mother, based on the contention that such leave cannot be permitted.
Ratio Decidendi: The court emphasized the obligation of the petitioner's brother to fulfill the heavenly obligations and relied on a previous Division Bench judgment where a similar order rejecting leave application was set aside and leave was granted.
Final Decision: The court quashed the impugned order and directed the authorities to grant leave to the petitioner's brother for two days specifically for performing the funeral rites of the petitioner's mother.
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the impugned order of the second respondent in No.24154/TaKu.4/2023 dated 13.09.2023 and quash the same as illegal, and consequently direct the first and second respondents to release the petitioner''s brother namely Sasikumar, S/o. (late) Konnachi aged about 35 years (C.P.No.24154) confined in Central Prison, Tiruchirappalli on Parole / emergency leave for 3 days to attend the 5th day funeral rites of the petitioner''s mother scheduled on 14.09.2023 to 16.09.2023 at Mudalaipatti, Kulithalai Taluk, Karur – 639 103.)
S.S. SUNDAR, J.
1. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, takes notice for the respondents.
2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.
3. This writ petition is filed for issuance of a writ of Certiorarified, calling for the impugned order of the second respondent in No.24154/TaKu. 4/2023 dated 13.09.2023 and to quash the same as illegal, and consequently to direct the first and second respondents to release the petitioner''s brother namely Sasikumar, S/o. (late) Konnachi aged about 35 years (C.P.No.24154) who is confined in Central Prison, Tiruchirappalli on Parole / emergency leave for 3 days to attend the 5th day funeral rites of the petitioner''s mother which is scheduled to take place from 14.09.2023 to 16.09.2023 at Mudalaipatti, Kulithalai Taluk, Karur – 639 103.
4. The present writ petition has been filed by the brother of the prisoner as against the order passed by the second respondent refusing to grant leave to the prisoner to perform the religious rites in connection with his mother''s death. The petitioner''s brother along with seven others had been convicted and sentenced to double life imprisonment and now he is under custody in the Central Prison, Tiruchirappalli. The appeal against the said conviction is also pending. While so, the petitioner''s mother by name Thavamani who was ailing from throat cancer died on 08.09.2023. Hence, the petitioner''s brother was allowed to attend the funeral ceremony of his mother. However, the subsequent request of the petitioner to grant leave for his brother to perform the final rites to his mother has now been rejected on the ground that such leave for attending or to perform final rites to a dead person cannot be permitted.
5. Learned Counsel for the petitioner states that the petitioner''s brother is the elder son of his mother and therefore, he need to perform the rites to fulfill the heavenly obligations. He also relied upon a judgment of a Division Bench of this Court, wherein a similar order rejecting the leave application on similar ground was set aside and leave was granted.
6. Learned Additional Public Prosecutor appearing for the respondents objected to the same by stating that the Rule is not applicable and that the applicability of the Rule has been argued before the Coordinate Bench and orders have been reserved.
7. This Court finds that there is no serious objection except the objection with reference to the applicability of the Rule. Having regard to the facts narrated, this Court is convinced that the petitioner''s brother can be granted leave to perform the final rites of his mother. Accordingly, the impugned order dated 13.09.2023 passed by the second respondent is quashed. The respondents 1 and 2 are directed to grant leave to the petitioner''s brother for two days ie., 15.09.2023 and 16.09.2023, to perform the funeral rites of the petitioner''s mother. The leave is confined only to two days ie., 15.09.2023 and 16.09.2023. On these two days, the petitioner''s brother shall report before the Kulithalai Police Station, twice a day and the petitioner''s brother shall report before the concerned Superintendent of Prison on 16.09.2023 at 05.00 p.m.
8. Accordingly, this Writ Petition is disposed of. No costs. Consequently, the connected
