IMPORTANT POINT
The court established that adherence to procedural rules for processing prisoner leave applications is mandatory, and premature petitions are not maintainable.

ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondent to grant 28 days ordinary leave by without escort to the petitioner's husband Karthi S/o. Ramalingam @ Eli Ramalingam aged about 42 years, Convict Prisoner, Vellore Prison, Vellore.

1. The writ petition has been instituted to direct the respondents to grant 28 days Ordinary Leave without escort to the husband of the petitioner Mr. Karthi S/o. Ramalingam @ Eli Ramalingam aged about 42 years, convict prisoner, Vellore Prison, Vellore.

2. The learned Counsel for the petitioner would submit that the petitioner being the wife of the prisoner submitted an application on 27.06.2024 to the respondents to grant 28 days ordinary leave to her husband/prisoner. Since it was not considered, the present writ petition came to be instituted.

3. The practice of filing premature writ petitions need not be entertained by the High Court unless there is an extraordinary circumstances. In normal course, the competent Authorities must be allowed to take a decision in accordance with the Rules and in the event of rejection, the cause would arise for the purpose of instituting writ proceedings. The practice of filing writ petition even before the expiry of the statutory period provided to the Authorities need not be entertained by the High Court. The competent Authorities must be allowed to exercise their powers in the manner contemplated under the Rules. Only in the event of an order of rejection, the cause would arise for filing the writ petition.

4. Regarding grant of leave, Tamil Nadu Suspension of Rules, 1982 contemplates procedures.

5. Rule 23 reads as under:

“23. Petition for ordinary leave:

(1) The petition for ordinary leave shall be submitted by the prisoner or by a relative of the said prisoner to the [Deputy Inspector General of Prisons concerned] direct or sent through the Superintendent of Prison where the prisoner to whom leave is to be granted is confined.

(2) Each petition for ordinary leave shall be accompanied with a statement of the names of two sureties who are willing to execute the bond for the prisoner's release on leave and take care of the prisoner during the period of leave. In the petition, it shall be stated, among other things, the names and addresses of the prisoner's relative with whom he wishes to stay during his leave period.”

6. Amended Rule 24 reads as under:

(4) For Rule 24, the following rule shall be substituted namely:

“24. Process of Petition:

(1) All petitions for the grant of ordinary leave submitted to the superintendent of Prisons shall be referred to the Probation Officer concerned within three days of its receipt for reports on the advisability of the ordinary leave of the prisoner in question.

(2) (a) The Probation Officer shall personally enquire into and send his report to the Superintendent of Prisons in Form I within ten days of its receipt from the Superintendent of Prisons.

(b) In cases where the Probation Officer feels that the release on leave of a prisoner is likely to involve breach of peace in the locality, he shall consult the local Inspector of Police/Sub-Inspector of Police (Station House Officer), solely with a view to avoid any breach of peace and record the views of the Inspector of Police or Sub-Inspector of Police (Station House Officer) in the Form I.

(c) In respect of other cases, in which there is no likelihood of breach of peace, the Probation Officer shall send his report direct to the Superintendent of Prisons without consulting the local Inspector of Police or Sub-Inspector of Police (Station House Officer).

(3) On receipt of report from the Probation Officer, the Superintendent of Prisons, shall forward the petition along with the records such as the Nominal Roll of the prisoner, Check memorandum in Form II, statement showing the details of leave availed by the prisoner from the date of his conviction, a statement showing the offences committed by the prisone