IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 15.02.2022

PRONOUNCED ON : 28.02.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH

AND

THE HONOURABLE Mr.JUSTICE A.A.NAKKIRAN

W.P.No.28164 of 2021

Samsunisha

..Petitioner

Vs.

1.The Government of Tamil Nadu

Rep. by its Secretary to Government

Home (Prison IV) Department

Fort St. George, Chennai 600 009

2.The Additional Director General of Prisons

Thalamuthu Natarajan Maaligai

2^nd Floor, Gandhi Irwin Road

Egmore, Chennai 600 008

3.The Superintendent of Prison

Central Prison

Coimbatore

..Respondents

Writ Petition filed under Article 226 of the Constitution

of India praying for issuance of a Writ of Certiorarified

Mandamus, calling for the records of the 1^st respondent in his

proceedings made in G.O.(2D) No.228, Home (Prison-V) Department,

dated 28.09.2021 and quash the same and direct the respondents

to grant leave without escort for 60 days to the petitioner's

husband viz., Mohammed Ansari, S/o.Mohammed Sheik, aged 49

years, life convict No.13875, confined at Central Prison, Kovai.

For Petitioner

: Mr.D.Krishnamoorthy

For Respondents

: Mr.R.Muniyapparaj

Additional Public

Prosecutor

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O R D E R

P.N.PRAKASH, J.

The petitioner's husband viz., Mohamed Ansari is a life

convict prisoner (CT.No.13875). He was convicted and sentenced

on 24.10.2007 in S.C.No.2 of 2000 by the Sessions Judge, Special

Court for Bomb Blast Cases, Coimbatore. His appeal before this

Court was dismissed, aggrieved by which, he has moved the

Supreme Court in S.L.P.(Crl.) No.24293-24297 of 2010 and the

same is pending. Seeking 60 days ordinary leave under the Tamil

Nadu Suspension of Sentence Rules, 1982 (for brevity "the

Sentence Suspension Rules"), the petitioner, who is his wife,

gave a representation dated 09.02.2021, to the respondents and

has thereafter, filed W.P.No.4705 of 2021, seeking issuance of a

writ of mandamus.

2. During the pendency of the said W.P.No.4705 of 2021, the

1^st respondent has passed an order dated 28.09.2021, rejecting

the petitioner's representation, for the following reasons :

i. His conviction under Explosive Substance Act and

Indian Arms Act 1959 are embargo under the Rule 22

(i) of Tamil Nadu Suspension of Sentence Rules,

1982.

ii.His appeal in S.L.P.(Crl.) No.24293-24297 of 2010

is still pending and therefore he is ineligible for

grant of leave as per rule 35 of Tamil Nadu

Suspension of Sentence Rules, 1982.

iii.The Deputy Inspector General of Prisons,

Coimbatore Range, The Probation Officer, TNP & CS,

Coimbatore and The Inspector of Police, B-1 Police

Station, Coimbatore City have strongly objected to

the grant of ordinary leave to the life convict

prisoner.

iv.The life of the prisoner will be in danger because

of his involvement with Al-Umma, a banned terrorist

outfit and it is a threat to communal harmony.

Aggrieved by the impugned order dated 28.09.2021, the petitioner

has filed the instant writ petition.

3. Heard Mr.D.Krishnamoorthy, learned counsel for the

petitioner and Mr.R.Muniyapparaj, learned Additional Public

Prosecutor appearing for the respondents.

4. Mr.D.Krishnamoorthy submitted that earlier, the convict

prisoner was granted leave by this Court twice and during those

occasions, nothing had happened to him and therefore, the

impugned order dated 28.09.2021 of the 1^st respondent denying

leave to him, is per se illegal. He also submitted that the

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reasons assigned by the 1^st respondent in the impugned order, are

not legally sustainable.

5. Per contra, the learned Additional Public Prosecutor

refuted the aforesaid contentions of Mr.D.Krishnamoorthy.

6. Coming to the first submission of Mr.D.Krishnamoorthy

that neither the prison authorities nor the Government, granted

any leave to the convict prisoner, bu