ORDER

(Order of the Court was made by G.ILANGOVAN, J)

This writ petition has been filed to direct the respondents to grant leave (Parole) to the petitioner's sister namely Mrs.Subbulakshmi (FCP No. 106) wife of Kumaragurubaran, under Terminally Ill Prisoner category who is undergoing sentence in Special Prison for Women, Madurai .

2.Heard Mr.Karthick R.J, learned counsel appearing for the petitioner and Mr.R.Anandharaj, learned Additional Public Prosecutor appearing for the respondents.

3.The case of the petitioner is that the convict by name, Subbulakshmi, wife of Kumakuruparan, is the sister of the petitioner and she was married. But her life was not successful, which ended in the death of her husband. The convict was convicted by the IV Additional Sessions Judge, Dindigul, on 16.11.2017, for the offenses punishable under Section 302 of IPC for having murdered her husband and sentenced to undergo life imprisonment and for Section 201 of IPC, sentenced to undergo 5 years imprisonment and Rs.1000/- fine was imposed. Against the judgment, the convict preferred Cr.A.No.66 of 2018 before this Court and this Court, by judgment dated 16.12.2019, modified the said conviction and sentence to one under Section 304 (i) of IPC and sentenced to undergo four years imprisonment and one thousand rupees fine. The same sentence was imposed for offense under section 201 IPC also. Both sentences were ordered to run concurrently. Pursuant to the same, now the convict is confined in Special Prison for Women, Madurai.

4.She is affected by lung infection while she was in imprisonment and underwent medical treatment in Tirunelveli Medical College hospital for the treatment and as per the investigation, it is seen that she is in the advanced stage of lung cancer , requires chemotherapy.

5.Hence, in the circumstances, the convict is entitled for ordinary leave as per the Provisions of Tamil Nadu Suspension of Sentence Rules. The health condition is getting worst day-by-day and she requires immediate special care, which is not possible under prison conditions. She is a terminally ill prisoner. So, she approached for parole. That was not considered. So, the petitioner gave a representation on 28.12.2020 seeking parole for the convict for a period of 30 days for arranging medical treatment. That was also not considered.

6.In a like situation, Calcutta High Court in W.P.A.No.7552 of 2018 dated 08.01.2021 has permitted the terminally ill prisoners to be shifted to their home with certain conditions. As per the Article 21 of Constitution of India, the convict is entitled for proper medical care. The Government of India, Ministry of Home Affairs, issued a circular dated 13.08.2010 in Circular No.V17014/5/2010-PR, wherein, they directed all the Chief Secretaries and concerned Authorities of the Governments and Union Territories Administrations to amend the legislation/rules and make policies and procedures to provide for community sanctions and measures for terminally ill prisoners. But, that was not considered by the respondents. So, this petition is filed seeking Writ of Mandamus or direction or writ directing the respondents to grant leave (parole) to the petitioner's sister namely, Mrs. Subbulakshmi (FCP No.106), wife of Kumarakurubaran, under terminally ill prisoner category.

7.A detailed counter affidavit has been filed, wherein it has been stated that the convict has undergone two years and one month sentence as on 30.01.2021. She sent a representation dated 27.12.2020 seeking one month ordinary parole leave on medical grounds. As per the Rule 22 of Tamil Nadu Suspension of Sentence Rule, 1982, ordinary leave can be granted only when the prisoner completed three yeas of imprisonment from the date of initial imprisonment. But, the convict has undergone only two years and one month of sentence. So, she has not satisfied the requirement. She was given a regular medical treatment in the prison hospital and also referred to Government Rajaji Hospital, Madurai by