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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.POORNIMA
Prema – Appellant
Versus
Home Secretary, Home Department (Prison) – Respondent
| Table of Content |
|---|
| 1. life convict's prior ordinary leaves rejected under rule 22(3). (Para 2) |
| 2. uphold ordinary leave rejection; note prior irregular grant. (Para 3 , 4) |
| 3. holistic interpretation of rule 22 favors periodic ordinary leave. (Para 6 , 7) |
| 4. grant emergency leave for six days with conditions. (Para 8) |
JUDGMENT :
G.R.SWAMINATHAN, J.
Heard both sides.
2.The writ petitioner's brother, Gopi @ Sahaya Burono, is undergoing life sentence in Central Prison, Palayamkottai. He has so far spent 17 years in prison. He is entitled to 40 days' ordinary leave. The convict sought leave without escort. His request was rejected vide order dated 09.03.2026 by the second respondent. Challenging the same, this writ petition has been filed.
3.It is not in dispute that the convict was given 20 days' ordinary leave from 24.12.2024 to 12.01.2025 and again from 24.05.2025 till 14.06.2025. The DIG of Prisons, Madurai Range invoked Rule 22(3) of the Tamil Nadu Suspension of Sentence Rules, 1982 and rejected the request. According to the second respondent, the request of the convict is liable to be rejected as he has not completed one year of imprisonment from the date on which he returned from the last o
Ordinary leave requires one-year gap post-return; emergency leave granted for family illness despite rejection, interpreting rules holistically.
Past abscondance does not impose absolute bar on ordinary leave; authorities must exercise discretion balancing prisoner rights and state interests.
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 central legal point established in the judgment is the court's constitutional power to relax rules, such as Rule 21(b) of the Tamil Nadu Suspension of Sentence Rules, 1982, in suitable cases.
Past single default on leave surrender does not bar future ordinary leave for long-term convicts with family needs.
Ordinary prison leave requires 3 years; emergency leave under Rule 6 available for urgent family medical needs.
The court's decision was influenced by the medical grounds for leave, compliance of the convict prisoner, and the statutory cap on the maximum number of days for leave under the relevant rules.
The authorities must consider previous court orders and the convict's compliance with leave conditions when deciding leave requests.
The pendency of criminal cases against a convict prisoner does not serve as an absolute bar to the grant of ordinary leave under prison regulations.
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