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S. M. SUBRAMANIAM, V. SIVAGNANAM
Latha – Appellant
Versus
State Represented by its The Secretary to the Government of Tamil Nadu, Department of Home – 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 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 Publi
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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