IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

and

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

W.P.Crl.No.728 of 2025

and

W.P.M.P.Crl.No.335 of 2025

Bowsul Huthya ... Petitioner

W/o.Zakir Hussain

Vs.

1. The Home Secretary, Home Department (Prison), Secretariat, Fort St.George,

Chennai – 600 009.

2. The Inspector General of Prisons,

Prison Head Quarters,

Egmore, Chennai – 600 008.

3. The Superintendent of Prison,

Central Prison I,

Puzhal, Chennai – 600 066. ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of

India, praying to issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings by the 3^rd respondent dated 31.07.2025 and quash the same and consequently direct the 3^rd respondent

to grant 28 days ordinary leave without escort to the petitioner’s husband Zakir Hussain, S/o.Haider Ali (Convict No.6724), who is presently confined in Central Prison-I, Puzhal, Chennai.

For Petitioner : Mr.P.M.Basil For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor, assisted by Mr.M.Sylvester John

O R D E R

[Order of the Court was made by P.VELMURUGAN, J.,]

This Writ Petition has been filed challenging the impugned proceedings dated 31.07.2025, rejecting the representation of the petitioner’s husband Zakir Hussain, S/o.Haider Ali (Convict No.6724), presently confined at Central Prison-I, Chennai, seeking ordinary leave for a period of 30 days.

2. The petitioner is the wife of the life convict prisoner, Zakir Hussain, S/o.Haider Ali. The said Zakir Hussain was convicted on 18.05.2015 by the Court of Negombo, Sri Lanka, for the offences under Sections 54a(b), 54a(c) and 54a(d) of the Poisons, Opium and Dangerous Drugs (Amendment) Act and was sentenced to undergo three life imprisonments. Initially he was confined in Welikada Prison, Baseline Road, Colombo, Sri Lanka. Thereafter, under the provisions of the Repatriation of Sentenced Prisoners Rules, 2004, he was transferred from Sri Lanka to India and confined in Central Prison – I, Puzhal, Chennai, pursuant to G.O.(Ms)No.209, Home (Prison –V) Department, dated 13.03.2017.

3. According to the petitioner, her husband Zakir Hussain has already undergone more than thirteen years of incarceration, including the period of imprisonment undergone in Sri Lanka. While so, the convict prisoner submitted a representation dated 10.07.2025 seeking grant of 30 days’ ordinary leave, predominantly on the grounds that his wife (petitioner herein), is suffering from ailments requiring uterus surgery and that his presence is required to make financial arrangements for the surgery and also for their son’s college education. However, his request was rejected vide impugned proceedings dated 31.07.2025, solely on the ground that the convict prisoner was convicted for the offences under the NDPS Act and sentenced to three life imprisonment by Sri Lanka, and therefore, he is not eligible for ordinary leave as per Rule 22(1) and Rule

21(h)(3) of the Tamil Nadu Suspension of Sentence Rules, 1982 hereinafter referred to as ‘TNSOS Rules’]. This rejection order is assailed in the present writ petition, besides seeking a direction to the third respondent to grant 28 days’ ordinary leave without escort to the convict prisoner.

4. Learned counsel for the petitioner submitted that the petitioner’s husband, the convict prisoner, has already undergo more than thirteen years of incarceration and that in similar cases, the Division of Bench of this Court has considered and granted ordinary leave to convict prisoners convicted under the NDPS Act. He further submitted that although the constitutional validity of Section 32-A of the NDPS Act has been upheld by the Hon’ble Apex Court in the case of Dadu Alias Tulsidas Vs. State of Maharashtra, reported in (2000) 8 Supreme Court Cases 437, the same does not curtail the powers of the competent authorities to grant parole or the powers of the Court to suspend the sentence pending ap