Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.M.SUBRAMANIAM, T.V.THAMILSELVI, SUNDER MOHAN
T.Ramalakshmi – Appellant
Versus
State Represented by its Principal Secretary to Government of Tamil Nadu, Chennai – Respondent
COMMON ORDER :
[Order of the Court is made by S.M.SUBRAMANIAM, J.]
The above writ petitions are referred before the larger Bench, in view of the conflicting views expressed by two Division Benches of this Court while interpreting Rule 35 of the TAMIL NADU SUSPENSION OF SENTENCE RULES , 1982, particularly in W.P.No.10265 of 2021 ( L.Wasib Khan v. State of Tamil Nadu ) and in W.P.(MD) No.6398 of 2023 ( Latha v. State of Tamil Nadu ), the former declining the grant of ordinary/emergency leave to the prisoner concerned and the latter granting the relief sought to the prisoner concerned.
2. Heard the parties to the lis on hand.
3. The reference has been made to answer the following two issues:
(1) Whether during pendency of the appeal before the High Court/Special Leave Petition before Apex Court, the prisoner can be extended the benefit of Ordinary Leave or Emergency Leave under the TAMIL NADU SUSPENSION OF SENTENCE RULES , 1982, by exercising the powers under Article 226 of the Constitution of India?
(2) Whether the TAMIL NADU SUSPENSION OF SENTENCE RULES , 1982 as amended by G.O.(MS)No.205, Home (Prison-V) Department dated 25.04.2022 places an embargo on grant of ordinary leave under Rul
Prisoners may receive ordinary or emergency leave during an appeal under the Tamil Nadu Suspension of Sentence Rules, provided they are not facing concurrent trials, with the Rules aimed at assisting....
The court concluded that the pendency of an appeal cannot serve as a basis for denying a prisoner's application for leave, clarifying the scope of the Tamil Nadu Suspension of Sentence Rules, 1982.
No mandamus under Article 226 to grant ordinary leave to ineligible convicts under Tamil Nadu Suspension of Sentence Rules, 1982, as ordinary leave suspends sentence via subordinate legislation; cann....
The central legal point established in the judgment is that Rule 35 of the Sentence Suspension Rules prohibits granting leave to a prisoner with a pending criminal case, and Rule 40 does not grant th....
The central legal point established in the judgment is that a convict prisoner facing trial cannot be granted leave, and the grant of remission or parole is a privilege available to the prisoner on f....
The discretionary nature of granting ordinary leave to convict prisoners under the T.N. Suspension of Sentence Rules and the limitations of the court's jurisdiction in such matters.
Ordinary leave requires one-year gap post-return; emergency leave granted for family illness despite rejection, interpreting rules holistically.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
