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S. M. SUBRAMANIAM, V. SIVAGNANAM
S. Shanthi – Appellant
Versus
Director General of Prison, Office of the Director General of Prison – Respondent
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 th
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.
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