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S. M. SUBRAMANIAM, V. SIVAGNANAM
A. Asina Banu – Appellant
Versus
Director General of Police/Inspector General of Prisons and correctional service – 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 10 days emergency leave for petitioner's husband Javeed Basha S/o. Saleem Basha aged 37 years, Convict Prisoner, Central Prison, Puzhal.
This petition has been filed seeking a direction to the respondents to grant 10 days Emergency Leave for petitioner's husband Javeed Basha S/o. Saleem Basha aged 37 years, Convict Prisoner, Central Prison, Puzhal, who was convicted for the offences under Sections 8(c) r/w 29, 8(c) r/w 22(c) and 8(c) r/w 28 of NDPS Act 1985 and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- and in default to undergo rigorous imprisonment for one year by the Principal Special Court under EC and NDPS Act, Chennai in CC.No.45 of 2015 dated 24.07.2018.
2. The learned counsel for the petitioner submitted that the petitioner's husband/convict prisoner has undergone 08 years 10 months and 04 days of imprisonment, including the remand set off period and she seeks Emergency Leave for a period of 10 days to her husband/convict prisoner to meet out medica
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 affirmed the right to emergency parole under specified circumstances as outlined in the Kerala Prisons & Correctional Services (Management) Rules, 2014.
Emergency leave for convicts may be granted under compassionate grounds as per prison regulations.
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