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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, V.Sivagnanam, JJ.
Shanthi - Petitioner
Versus
The State represented by its, The Deputy Inspector General of Prison and ors. - Respondents
W.P.No.22202 of 2024
Decided On : 16-08-2024
EMERGENCY LEAVE - PRISONER RIGHTS - The court granted emergency leave to a convict for 6 days without escort, considering the nature of the offense, the duration of imprisonment served, and the necessity for family medical arrangements. The decision reflects the court's interpretation of the legal provisions regarding prisoner leave, balancing the rights of the convict with public safety concerns.
Fact of the Case:
The petitioner sought a writ of mandamus for emergency leave for her brother, Suresh, a convict serving life imprisonment for serious offenses, to arrange for their mother's medical treatment and family livelihood. He had served 2 years and 6 months of his sentence without any prior leave.
Finding of the Court:
The court acknowledged the convict's request and the circumstances surrounding it, ultimately deciding to grant emergency leave for 6 days without escort, despite the convict's ineligibility for ordinary leave.
Issues: Whether the convict is entitled to emergency leave under the circumstances presented, and what conditions should be imposed on such leave.
Ratio Decidendi: The court determined that emergency leave could be granted based on the convict's time served and the pressing family circumstances, while ensuring that the leave was strictly regulated to prevent misuse.
Result: The writ petition was disposed of, granting the convict 6 days of emergency leave without escort, 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 grant emergency leave for 15 days without escort to the detenue, Suresh S/o. Ragavan aged about 39 years bearing Convict No. 10080 confined to Central Prison, Puzhal.
This petition has been filed seeking a direction to the respondents to grant emergency leave for 15 days without escort to the detenue, Suresh S/o. Ragavan aged about 39 years bearing Convict No. 10080 confined at Central Prison, Puzhal, who was convicted for the Offence punishable under Sections 366 & 343 of IPC and under Section 6 of POCSO Act and sentenced to undergo Life Imprisonment in S.C.No.10 of 2022 dated 16.06.2023 on the file of the learned Sessions Judge at Mahila Court, Chennai.
2. The learned counsel for the petitioner submitted that the petitioner's brother/convict prisoner has undergone 02 years 06 months of imprisonment, including the remand set off period and the petitioner seeks Emergency Leave for her brother/convict prisoner to make arrangements for their mother's medical treatment and for the livelihood of their family.
3. It is also brought to the notice of this Court that the convict prisoner has not availed any leave so far.
4. Considering, the nature of offence committed and the period of sentence undergone by the convict prisoner, we are inclined to grant Emergency Leave for a period of 6 days without escort, since the convict/prisoner is not eligible for ordinary leave.
5. Accordingly, the convict prisoner viz., Suresh S/o. Ragavan aged about 39 years bearing Convict No. 10080 confined at Central Prison, Puzhal, Chennai is hereby granted Emergency Leave for a period of 6 days, without escort commencing from 21.08.2024 on the following conditions.
(ii) The Convict Prisoner shall be released on 21.08.2024 at 10.00 a.m. and surrender before the Superintendent, Puzhal Central Prison – I, Chennai – 600 066, on 27.08.2024 at 10.00 a.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.
6. Accordingly, the 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.
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.
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 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....
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