IMPORTANT POINT
The duty of the Probation Officer to provide sufficient reasons for not recommending the grant of leave to a convict prisoner, and the consequences of a non-speaking order.

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 ordinary leave for 28 days by considering the representation of the petitioner dated 08.02.2024 namely Muthu Selvam S/o.Veerabadhiran aged about 37 years, Convict Prisoner, Convict No.5356, Central Prison, Puzhal.)

1. This writ petition has been filed to direct the respondent to grant ordinary leave for 28 days by considering the representation of the petitioner dated 08.02.2024 namely Muthu Selvam S/o.Veerabadhiran aged about 37 years, Convict Prisoner, Convict No.5356, Central Prison, Puzhal.

2. In the affidavit filed in support of the present writ petition, it is stated that the leave is required for arranging financial assistance for livelihood of the Convict Prisoner's family.

3. Mr.E.Raj Thilak, the learned Additional Public Prosecutor, produced the copy of the Probation Officer's report dated 13.03.2024, wherein he has not recommended for the grant of leave to the Convict Prisoner namely Muthu Selvam S/o.Veerabadhiran, aged about 37 years. He further submitted that the Convict Prisoner has served the sentence for a period of more than ten years, during which period, he had availed emergency leave only and he is eligible for 28 days of ordinary leave.

4. Though the Probation Officer has not recommended for grant of leave to the petitioner/Convict Prisoner, the Probation Officer has only relied upon the objection raised by the concerned jurisdictional police, with regard to their objections and apart from the same, no other reason has been assigned for not recommending the case of the petitioner.

5. We are not inclined to accept such a finding. Even though the concerned police may have raised such objections, there is a duty cast on the Probation Officer to inquire as to what the apprehension is and reflect those reasons in his report. In the absence of the same, the report itself would amount to a non speaking order. At this juncture, it is brought to the notice of this Court that the Convict Prisoner has not availed any leave and has been confinement for more than ten years.

6. In this background, we are inclined to grant ordinary leave to the Convict Prisoner namely Muthu Selvam S/o.Veerabadhiran, aged about 37 years, for a period of 28 days, without escort.

7. Accordingly, we permit the petitioner/Convict Prisoner i.e.,Muthu Selvam S/o.Veerabadhiran, aged about 37 years, bearing Convict No.5356, confined at Central Prison, Puzhal, to avail Ordinary Leave for a period of 28 days without escort, on the following conditions.

(i) Respondents are directed to release the Convict Prisoner viz., Muthu Selvam S/o.Veerabadhiran, aged about 37 years bearing Convict No.5356, confined at Central Prison, Puzhal, on Ordinary Leave for a period of 28 days i.e., from 25.03.2024 to 21.04.2024.

(ii) The Convict Prisoner shall be released on 25.03.2024 at 10.00 a.m. and surrender before the Superintendent of Prison, Central Prison Puzhal, on 21.04.2024 at 05.30 p.m.

(iii) The Convict Prisoner is directed to report before the Tiruverkadu Police Station, Thiruvallur District, twice a week i.e., on every Monday and Thursday at 05.00 p.m., during the period of leave.

(iv) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.

8. With the above directions, the writ petition stands allowed.