Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, V.Sivagnanam, JJ.
S.Shanthi - Petitioner
Versus
The Director General of Prison, Office of the Director General of Prison and ors. - Respondents
W.P.No.22813 of 2024
Decided On : 16-08-2024
MANDAMUS - LEAVE FOR CONVICT PRISONER - The court addressed a writ petition seeking a Writ of Mandamus to grant 28 days of leave for a convict prisoner under the POCSO Act. The court interpreted the eligibility for leave, ultimately granting 21 days based on the convict's time served and the conditions surrounding the leave, emphasizing the necessity of adhering to legal provisions regarding prisoner leave.
Fact of the Case:
The petitioner sought a Writ of Mandamus for her husband, a convict under the POCSO Act, to be granted 28 days of leave due to her medical condition. The convict had served 2 years and 9 months of his 5-year sentence.
Finding of the Court:
The court found that the convict was eligible for only 21 days of ordinary leave, as stated by the Additional Public Prosecutor, and granted this leave under specific conditions.
Issues: Whether the convict prisoner is entitled to 28 days of leave or only 21 days as per the legal provisions governing prisoner leave.
Ratio Decidendi: The court determined that the legal framework allows for a maximum of 21 days of ordinary leave for the convict, which was upheld despite the petitioner's request for a longer duration.
Result: The writ petition was disposed of, granting the convict 21 days of ordinary leave from 22.08.2024 to 11.09.2024, subject to specific conditions.
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 26.07.2024 and grant leave for petitioner's husband, detenue namely Srinivasan S/o. Vembu Santhanam (C.T.8648) without police protection for 28 days, within time frame as fixed by this Court.
This petition has been filed seeking Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 26.07.2024, and grant leave for petitioner's husband, detenue namely Srinivasan S/o. Vembu Santhanam, aged 54 years, CT.No.8648 without police protection, who was convicted for the offence punishable under Section 9(f), (k) and (m) of POCSO Act, on 28.10.2021 in Crl.A.No.358 of 2021 and was sentenced to undergo Rigorous Imprisonment for 5 years and fine of Rs.5,000/- in default to undergo Rigorous Imprisonment for 06 months.
2. The learned counsel for the petitioner submitted that the petitioner's husband/convict prisoner has undergone 02 years 09 months and 09 days of imprisonment, including the remand set off period. The petitioner/the wife of the convict prisoner has submitted an application seeking 28 days ordinary leave for her husband/convict prisoner on the ground that she has to undergo heart surgery. Therefore, to look after her, an application is submitted for Ordinary Leave.
3. The learned Additional Public Prosecutor would oppose by stating that the convict prisoner is eligible only for 21 days of ordinary leave.
4. Accordingly, the convict prisoner viz., Srinivasan S/o. Vembu Santhanam, aged 54, bearing C.T.No. 8648, lodged at Central Prison, Puzhal - 1, Chennai, is hereby granted ordinary leave for a period of 21 days, without escort commencing from 22.08.2024 on the following conditions.
(ii) The Convict Prisoner shall be released on 22.08.2024 at 10.00 am and surrender before the Superintendent of Prison, Central Prison, Puzhal -1, Chennai – 600 066, on 11.09.2024 at 05.30 p.m.
(iii) The Convict Prisoner is directed to report before the Judicial Magistrate Court, Ambattur twice in a week i.e., on every Monday and Thursday at 10.30 a.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.
5. Accordingly, the writ petition stands disposed of. No Costs.
The court established that the eligibility for leave for convict prisoners is governed by specific legal provisions, which must be adhered to, limiting the leave duration to what is legally permissib....
The eligibility for ordinary leave for convicts is determined by specific prison rules, and while a convict may not qualify for ordinary leave, they retain the right to seek emergency leave.
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.
Compassionate grounds can justify the granting of emergency leave to a convict prisoner, provided that the leave is utilized for the stated purpose and conditions of the Jail Manual are followed.
Emergency leave for convicts can be granted under exceptional circumstances, balancing the convict's rights with the need for public safety and order.
The court can grant leave to a convict prisoner based on favorable recommendations from a Probation Officer, despite inaccuracies in the leave application.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
