Courts cannot extend prison leave beyond rules to avoid setting precedents, despite medical hardships.

[Order of the Court was made by N.ANAND VENKATESH, J.]

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents 1 and 2 to extend the Ordinary Leave granted to the petitioner's father, who is a life convict undergoing sentence in the Central Prison, Palayamkottai.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. In the considered view of this Court, the detenu has already availed the entire Ordinary Leave and the present petition has been filed to extend the period of Ordinary Leave. The right to avail Ordinary Leave or Emergency Leave is traceable to the Tamil Nadu Prison Manual. Hence, whatever has been prescribed under the Rules alone can be availed by the detenu. If the High Court starts creating exceptions considering the hard facts involved in a particular case, it will set a precedent for all cases in future and every detenu, who avails the entire period of Ordinary Leave or Emergency Leave, as the case may be, will approach the Court and seek extension of leave. We do not want to set such a precedent in this case. In the light of the above discussion, we do not find any ground to entertain the relief sought for by the petitioner. Accordingly, this Writ Petition is dismissed. No costs.