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M. SUNDAR, R. SAKTHIVEL
S. Ishwariya – Appellant
Versus
State represented by its The Secretary to Government of Tamilnadu Department of Home Fort St. George Chennai – 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.14704/Tha.Ku.2/2023 dated 24.08.2023 passed by the third respondent and quash the same and consequently direct the respondents to grant ordinary leave for 30 days without escort to the detenu Sankar, son of Sanjeevirayar, aged about 44 years, Convict No.16501 confined at Central Prison, Cuddalore.)
M. Sundar,
1. Captioned 'Writ Petition' ('WP' for the sake of brevity) has been filed in this Court on 20.09.2023 with a certiorarified mandamus prayer assailing an 'order dated 24.08.2023 bearing reference No.14704/j/F/2/2023 made by the third respondent' [hereinafter 'impugned order' for the sake of convenience and clarity] rejecting an application dated 21.08.2023 made by the writ petitioner seeking one month ordinary leave and six days emergency leave for her spouse who is a prison inmate.
2. Factual matrix in a nutshell is that writ petitioner's spouse one Thiru.Sankar, son of Thiru.Sanjeevirayar is a prison inmate i.e., a convict prisoner having been convicted and sentenced to under
A piece of Subordinate Legislation cannot abridge or denude Constitutional powers of the Court.
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.
An application for ordinary leave by a convict cannot be denied based on the pendency of a criminal case if that case has already resulted in an acquittal.
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 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 a convicted prisoner notwithstanding a non-recommendation by a Probation Officer, especially when administrative rigidity outweighs the objec....
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