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2024 Supreme(Mad) 1081
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, V.Sivagnanam, JJ.
K.Thamarai Valli - Petitioner
Vs.
The Home Secretary, Home Department, Secretariat, Fort St.George, Chennai - Respondent
W.P.No.25560 of 2024
Decided On : 30-08-2024
Advocate Appeared:
For the Petitioner: Mr.P.Muthamizh Selvakumar
For the Respondents: Mr.E.Raj Thilak, Additional Public Prosecutor
IMPORTANT POINT
The court established that emergency leave can be granted to convict prisoners on compassionate grounds, provided it is justified and regulated by specific conditions to ensure compliance with prison protocols.
Headnote:
LEAVE - PRISONER'S EMERGENCY LEAVE - The court granted a writ of mandamus for emergency leave to a convict prisoner for performing 16th day rituals following the death of his father. The court interpreted the need for compassionate grounds in granting leave, emphasizing the importance of familial obligations while ensuring compliance with prison regulations. The decision reflects a balance between the rights of the prisoner and the responsibilities of the correctional system.
Fact of the Case:
The petitioner, the wife of convict prisoner Mr. Karuna, sought a writ of mandamus for 20 days of ordinary leave without escort for her husband to perform the 16th day rituals following his father's death, as per her representation dated 20.08.2024.
Finding of the Court:
The court noted the urgency of the situation but acknowledged the late approach by the petitioner, which limited the ability of the Additional Public Prosecutor to obtain instructions. The court decided to grant 6 days of emergency leave instead of the requested 20 days.
Issues: Whether the convict prisoner should be granted leave to perform the 16th day rituals of his deceased father, and if so, the duration and conditions of such leave.
Ratio Decidendi: The court held that while the request for leave was made at the last moment, the compassionate grounds for the leave justified a limited grant of emergency leave, balancing the prisoner's rights with the operational constraints of the prison system.
Result: The court granted 6 days of emergency leave to the convict prisoner from 31.08.2024 to 05.09.2024, subject to specific conditions regarding his release and return to prison.
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to grant 20 days ordinary leave without escort to petitioner husband convict prisoner Mr.Karuna S/o. Govindarajan CT-16206 now confined in Cuddalore Central Prison, for the purpose of 'to perform the 16th days rituals and making arrangements of the said programs”. In pursuant to petitioner representation dated on 20.08.2024 and pass such other orders.
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The writ petition has been filed seeking a direction to the respondents to grant 20 days ordinary leave without escort to the petitioner's husband, convict prisoner viz., Mr.Karuna S/o. Govindarajan, CT-16206, now confined in Cuddalore Central Prison, to perform 16th day rituals and making arrangements for the said program, in pursuant to the petitioner representation dated 20.08.2024.
2. The learned counsel for the petitioner submitted that the petitioner/wife of the convict prisoner seeks 20 days ordinary leave to perform 16th day ceremony of the death of the father of the convict prisoner.
3. Since the petitioner has approached the Court at the last moment, the learned Additional Public Prosecutor is unable to secure instructions from the Authorities.
4. However, the learned Counsel for the petitioner states that the 16th day ceremony of the death of the father of the convict is fixed on 01.09.2024.
5. Taking note of the said fact, we are inclined to grant 06 (six) days Emergency Leave without escort to the convict prisoner commencing from 31.08.2024.
6. Accordingly, the convict prisoner viz., Karuna S/o. Govindarajan, CT-16206, now confined at Cuddalore Central Prison is hereby granted Emergency Leave for a period of 06 days, without escort commencing from 31.08.2024 on the following conditions.
(i) Respondents are directed to release the Convict Prisoner viz., Karuna S/o. Govindarajan, CT-16206, now confined at Cuddalore Central Prison on Emergency Leave without escort for a period of 06 days i.e., from 31.08.2024 to 05.09.2024.
(ii) The Convict Prisoner shall be released on 31.08.2024 at 10.00 am and surrender before the Superintendent of Prison, Central Prison, Cuddalore on 05.09.2024 at 05.30 p.m.
(iii) 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.
7. Accordingly, the writ petition stands disposed of. No Costs.
