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M. S. RAMESH, SUNDER MOHAN
Sudha Velmani – Appellant
Versus
State rep by its, The Secretary to Government of Tamil Nadu, Home Department – Respondent
JUDGMENT :
M.S. Ramesh, J.
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to grant 40 days leave to the convict/petitioner's brother namely Mr.Sakthi @ Sakthivel S/o.Palanisamy aged about 42 years in pursuance of the petitioner's representation dated 03.01.2024.)
1. This writ petition has been filed to direct the respondents to grant 40 days ordinary leave to the petitioner's brother/Convict Prisoner namely Sakthi @ Sakhivel S/o. Palanisamy aged about 42 years, Convict No.23598, confined at Central Prison, Trichy by considering the petitioner's representation dated 03.01.2024.
2. Through earlier orders of this Court passed in W.P.No.26199 of 2023, the petitioner's brother was granted ordinary leave from 10.11.2023 to 30.11.2023 with a condition that the cost of the escort was to be borne by the petitioner herein.
3. In the subsequent modification petition filed, the cost was restricted to a maximum of Rs.20,000/-. The present grievance of the petitioner is that when she had sought for subsequent leave for her brother based on her representation dated 03.01.2024, the respondents had raised
The central legal point established in the judgment is that the pendency of an appeal before the Hon'ble Supreme Court does not necessarily bar the grant of ordinary leave to a convict prisoner, espe....
The court may grant ordinary leave to a convict prisoner where the refusal grounds lack factual basis and the prisoner has a record of good conduct, especially when humanitarian grounds like care for....
The Court holds that conditions of ordinary leave for convicts, specifically the requirement of police escort, may be set aside where such conditions impose disproportionate financial hardship on the....
The court has the discretion to grant leave to a convict based on eligibility and the likelihood of law and order issues, and may impose conditions on the leave granted.
The pendency of criminal cases against a convict prisoner does not serve as an absolute bar to the grant of ordinary leave under prison regulations.
The court can grant leave to a convict prisoner based on favorable recommendations from a Probation Officer, despite inaccuracies in the leave application.
Past disciplinary infractions, such as absconding while on leave, do not create a perpetual bar against future leave eligibility if the prisoner has demonstrated consistent compliance and good conduc....
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