IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. M. SUBRAMANIAM
MEHARUNNISHA – Appellant
Versus
The State Represented by its The Deputy Inspector – Respondent
##PAGE1##
W.P.Crl.No.1807 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.12.2025
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE P. DHANABA L
W.P.Crl.No.1807 of 2025
Meharunnisha ... Petitioner
Vs.
The State represented by its,
1. The Deputy Inspector of General of Prison,
Coimbatore Zone,
Coimbatore.
2. The Superintendent,
Coimbatore Central Prison,
Coimbatore. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned order bearing No.2662/Tha.Ku.3/2025,
dated 09.12.2025 passed by the 2nd respondent and quash the same and
consequently direct the respondents to grant emergency leave for 15 days
without escort to the detenue, Mansoor Ahmed, S/o.Mubarak, aged about 31
years convict prisoner, bearing convict No.23027 and PID.No.318144 at Central
Prison, Coimbatore and pass such further orders.
For Petitioner : Mr.P.Bakiyaraj
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor
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##PAGE2##W.P.Crl.No.1807 of 2025
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The writ petition has been instituted to quash the order dated 09.12.2025
passed by the 2nd respondent and consequently direct the respondent to grant
emergency leave for 15 days without escort to the detenue, viz., Mansoor
Ahmed, S/o.Mubarak, aged about 31 years, the convict prisoner bearing convict
No.23027 and PID.No.318144, now confined at Central Prison, Coimbatore.
2. A perusal of the impugned order it can be seen that the rejection of
application seeking 15 days emergency leave application submitted by the
convict prisoner’s mother enabling him to participate in the 50th day death
ceremony of his father is under challenge.
3. The learned Counsel for the petitioner submits that the prisoner is
in prison for about 5 years without any adverse conduct. He further submits that
the prisoner was permitted to participate in the funeral on 23.11.2025 and
thereafter, an application was submitted seeking 15 days emergency leave
enabling him to participate in the 50th day death ceremony of his father and the
said application came to be rejected. Hence the present writ petition.
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##PAGE3##W.P.Crl.No.1807 of 2025
4. Learned Additional Public Prosecutor appearing on behalf of the
respondents would oppose by stating that the petitioner was earlier granted
emergency leave to attend the funeral on 23.11.2025 and therefore, the
Authorities have rejected the subsequent application filed.
5. Application has been filed on behalf of the prisoner to participate
in the 50th day death ceremony events. Pertinently, father of the prisoner died
and as a son, he has pious obligation to observe certain religious ceremonies.
6. Considering the facts and circumstances, the impugned order
passed by the 2nd respondent dated 09.12.2025 is set aside and the prisoner is
granted 3 days Emergency Leave without escort commencing from 30.12.2025
to 01.01.2026.
7. Accordingly, the convict prisoner viz., Mansoor Ahmed
S/o.Mubarak, aged 31 years, bearing Convict No.23027 and PID.No.318144
now confined at Central Prison, Coimbatore is hereby granted Emergency
Leave for 3 days without escort commencing from 30.12.2025 to 01.01.2026,
on the following conditions:
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##PAGE4##W.P.Crl.No.1807 of 2025
(i) Respondents are directed to release the convict
prisoner viz., Mansoor Ahmed S/o.Mubarak, aged 31 years,
bearing Convict No.23027 and PID.No.318144 now confined at
Central Prison, Coimbatore on Emergency Leave for a period of
3 days without escort from 30.12.2025 to 01.01.2026.
(ii) The Convict Prisoner shall be released on 30.12.2025
at 10.00 A.M. and surrender before the Superintendent, Central
Prison, Coimbatore on 02.01.2026 at
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