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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, V.Sivagnanam, JJ.
A. Asina Banu - Petitioner
Versus
The Director General of Police/Inspector General of Prisons and correctional service and ors. – Respondents
W.P.No.22029 of 2024
Decided On : 16-08-2024
EMERGENCY LEAVE - PRISONER RIGHTS - The court granted a writ of mandamus for emergency leave to a convict prisoner, emphasizing the need for compassionate grounds in granting such leave, despite objections regarding prior leave taken. The decision reflects the court's interpretation of the legal provisions surrounding prisoner leave under emergency circumstances, balancing the rights of the convict with the need for regulation.
Fact of the Case:
The petitioner sought a writ of mandamus for 10 days emergency leave for her husband, Javeed Basha, a convict prisoner serving a 10-year sentence under the NDPS Act, citing medical expenses for their son and family livelihood as reasons for the request.
Finding of the Court:
The court acknowledged the medical emergency and granted 6 days of emergency leave, despite the convict having previously availed ordinary leave, indicating a consideration of compassionate grounds.
Issues: Whether the convict prisoner is eligible for emergency leave despite having taken ordinary leave recently, and the conditions under which such leave can be granted.
Ratio Decidendi: The court held that emergency leave can be granted based on compassionate grounds, even if the convict has previously availed ordinary leave, provided the leave is utilized for the stated emergency.
Result: The writ petition was disposed of, granting 6 days of emergency leave to the convict prisoner, 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 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 medical expenses for her son and for the livelihood of their family.
3. At this juncture, the learned Additional Public Prosecutor has objected by stating that the convict prisoner has already availed 2l days Ordinary leave from 22.03.2024 to 11.04.2024. Therefore, he is not eligible to avail Emergency Leave.
4. This Court considering the medical emergency is inclined to grant 6 days Emergency Leave to the convict prisoner.
5. Accordingly, the convict prisoner viz., Javeed Basha S/o. Saleem Basha aged 37 years, Convict Prisoner, Central Prison, Puzhal is hereby granted Emergency Leave without escort for a period of 6 days 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, Central Prison, Puzhal 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.
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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