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S. M. SUBRAMANIAM, V. SIVAGNANAM
Shanthi – Appellant
Versus
State represented by its, The Deputy Inspector 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 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
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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