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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, V.Sivagnanam, JJ.
Latha - Petitioner
Versus
The State Represented by its The Secretary to the Government of Tamil Nadu, Department of Home and ors. - Respondents
W.P.No.18968 of 2024
Decided On : 16-08-2024
Writ Petition - Leave Eligibility - The court addressed the eligibility of a convict for ordinary leave under prison rules, determining that the detenue, having served only 1 year and 4 months, was not eligible for such leave. The court emphasized the importance of adhering to established rules while allowing the possibility of applying for emergency leave, thus balancing the rights of the convict with the regulations governing prison leave.
Fact of the Case:
The petitioner sought a writ of mandamus to grant ordinary leave for one month without escort to the detenue, Pushparaj, who had been imprisoned for 1 year and 4 months.
Finding of the Court:
The court found that the detenue was not eligible for ordinary leave as per the prison rules, which required a minimum of 2 years of confinement. However, the court acknowledged the possibility of applying for emergency leave.
Issues: Whether the detenue is eligible for ordinary leave under the prison rules and what recourse is available for the detenue regarding leave.
Ratio Decidendi: The court held that eligibility for ordinary leave is strictly governed by the prison rules, which stipulate a minimum period of confinement. The court also recognized the right of the detenue to apply for emergency leave, which should be considered by the authorities.
Result: The writ petition was disposed of, granting the detenue the liberty to apply for emergency leave, with a directive for the authorities to consider such applications expeditiously.
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 ordinary leave for one month without escort to the detenue, Pushparaj, S/o. Paramasivam aged about 49 years, bearing Convict No.7913 confined at Central Prison, Puzhal.
The writ on hand has been instituted to direct the respondents to grant ordinary leave for one month without escort to the detenue, Pushparaj, S/o. Paramasivam aged about 49 years, bearing Convict No.7913 confined at Central Prison, Puzhal.
2. The learned Additional Public Prosecutor would submit that the detenue had undergone imprisonment for a period of 01 year 04 months 17 days. Therefore, he is not eligible for Ordinary Leave as per the Rules. On completion of 02 years of confinement, the detenue would be eligible to avail Ordinary Leave. Therefore, his application would not be considered by the Prison Authorities.
3. Mr.P.Bakiyaraj, the learned Counsel appearing on behalf of the petitioner would submit that the case of the detenue may be considered under any other provisions for grant of emergency leave.
4. The learned Additional Public Prosecutor states that the application in this regard is to be submitted before the Authorities for consideration.
5. Though the detenue is not eligible to avail Ordinary Leave under the Rules, he is at liberty to submit an application seeking emergency leave and on receipt of any such application, the respondents shall consider the same and take appropriate decision and pass orders as expeditiously as possible without causing any undue delay.
6. With the above liberty, the Writ Petition stands disposed of. No costs.
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.
A convict who has previously absconded and failed to comply with conditions set for leave is ineligible for further ordinary leave under the Tamil Nadu Suspension of Sentence Rules, 1982.
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....
Emergency leave for convicts can be granted under exceptional circumstances, balancing the convict's rights with the need for public safety and order.
Emergency leave for convict prisoners can be granted on compassionate grounds, even if they have previously taken ordinary leave, highlighting the court's discretion in balancing prisoner rights and ....
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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