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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, R. SAKTHIVEL, JJ.
Mahalakshmi – Petitioner
Versus
The State – Respondent
W.P. No. 23029 of 2024
Decided On : 19-08-2024
MANDAMUS - EMERGENCY LEAVE - The court granted a writ of mandamus directing the respondents to allow emergency leave for a convict prisoner based on the necessity of his presence for his wife's medical treatment. The court emphasized the importance of compassionate grounds in considering leave applications for prisoners, interpreting the relevant provisions of the Jail Manual to ensure compliance with conditions during the leave period.
Fact of the Case:
The petitioner sought a writ of mandamus for emergency leave for her husband, a convict prisoner, citing the need for his assistance during her medical treatment.
Finding of the Court:
The court found that the Probation Officer's report and the medical documentation justified the need for the convict's presence, leading to the decision to grant leave.
Issues: Whether the convict prisoner should be granted emergency leave without escort based on the compassionate grounds presented by the petitioner.
Ratio Decidendi: The court held that compassionate grounds, particularly concerning the health of a family member, warrant consideration for granting emergency leave to a convict, provided that conditions are adhered to as per the Jail Manual.
Result: The court granted the writ petition, allowing the convict prisoner to take emergency leave for six days without escort, subject to specific conditions.
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to grant emergency leave for 15 days without escort to the detenue, Ranjithkumar S/o Mani aged about 35 years, convict prisoner, bearing Convict No. 8929 confined at Central Prison, Salem.
1. The Writ of Mandamus has been instituted to direct the respondents to grant emergency leave for 15 days without escort to the detenu Ranjithkumar S/o Mani aged about 35 years bearing Convict No. 8929 confined at Central Prison, Salem.
2. The petitioner submitted an application seeking Emergency Leave for 15 days on the ground that the assistance of her husband/convict prisoner is required at the time of taking treatment for the petitioner.
3. The Probation Officer submitted his report stating that the wife of the convict prisoner is taking treatment for serious ailments. The petitioner has submitted the medical report, which would reveal that the wife of the convict prisoner is taking treatment.
4. Considering the fact that the presence of the convict prisoner for providing treatment to his wife is required, we are inclined to permit the petitioner's husband/convict prisoner i.e. Ranjithkumar S/o Mani aged about 35 years, bearing Convict No. 8929 confined at Central Prison, Salem, to avail Emergency Leave for a period of six (6) days without escort, on the following conditions:
(2) The Convict Prisoner shall be released on 24.08.2024 at 10.00 A.M. and surrender before the Superintendent of Prisons, Central Prison, Salem, on 29.08.2024 at 05.00 P.M.
(3) During the leave period, the Convict Prisoner shall abide by all the conditions prescribed in the Jail Manual.
(4) 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.
5. With the above directions, this Writ Petition stands disposed of. No costs.
Emergency leave for convicts can be granted under exceptional circumstances, balancing the convict's rights with the need for public safety and order.
Emergency leave for convicts may be granted under compassionate grounds as per prison regulations.
A court may grant parole if significant qualifying circumstances exist, such as caring for a seriously ill family member.
The court affirmed the right to emergency parole under specified circumstances as outlined in the Kerala Prisons & Correctional Services (Management) Rules, 2014.
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