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M. SUNDAR, R. SAKTHIVEL
S. Karumeniammal – Appellant
Versus
State represented by its The Secretary to Government of Tamil Nadu, 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 extend the leave for 30 days without escort from 18.09.2023 to the detenu Palani, son of Sankarapandi, aged about 47 years, the Convict No.4296, detained at Central Prison, Palayamkottai.)
M. Sundar, J.
1. Captioned writ petition pertains to extension of ordinary leave for a convict prisoner Thiru.Palani [Convict No.4296], son of Thiru.Sankarapandi on the ground that he continues to be unwell, requires further medical treatment and needs to be under the management of an Endovascular Surgeon.
2. Dr.S.Manoharan, learned counsel for writ petitioner drew our attention to our earlier order dated 16.08.2023 made in W.P.No.24012 of 2023, which reads as follows:
''This order will now dispose of the captioned writ petition.
2. Factual matrix in a nutshell is that petitioner''s son Thiru.Palani, son of Thiru. Sankarapandi, is a life convict (Convict No.4296) now lodged in Central Prison, Palayamkottai having been convicted and sentenced vide S.C.No.61 of 1999 in Crime No.150 of 1996 on the file of II Additional District
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 court's decision emphasized the importance of considering the health condition of the convict prisoner and the provisions under the Tamil Nadu Suspension of Sentence Rules, 1982, in granting leav....
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 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.
Court's discretion to grant leave to a convict undergoing surgery, showing flexibility in adherence to legal protocols.
The court may grant ordinary leave to a convict based on humanitarian grounds and past conduct, notwithstanding statutory restrictions on leave eligibility, where such grounds are verified as genuine....
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....
The authorities must consider previous court orders and the convict's compliance with leave conditions when deciding leave requests.
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