Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 41754

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, V.Lakshminarayanan, JJ
Sandhya – Appellant
Versus
Deputy Inspector General of Prisons – Respondent
W.P.(Crl) No.1182 of 2026 | W.P.M.P.(Crl) No.391 of 2026

Advocates:
For the Appellants/Petitioners: S.Nadhiya
For the Respondents: R.Muniyapparaj

The court maintains discretion to grant ordinary leave to long-term incarcerated convicts, overriding prison rule restrictions when precedent justifies such relief for humanitarian or rehabilitative purposes.

Headnote:The petitioner sought the release of a life convict on ordinary leave, which had been denied by the prison authorities citing Rule 35 of the Tamil Nadu Suspension of Sentence Rules, 1982. The petitioner filed a writ petition under Article 226 of the Constitution of India challenging this rejection, emphasizing the prisoner's long tenure of incarceration. The court considered whether the denial of leave under the cited rules was appropriate given the prisoner's conduct and period of detention. Drawing on precedent, the court held that relief should be granted to facilitate the leave request despite the regulatory objections raised by the respondents, finding the rejection unjustified in the current circumstances. The court allowed the writ petition, quashed the impugned order, and granted the convict forty days of ordinary leave without escort subject to specific reporting conditions.

Table of Content
1. overview of the petition for ordinary leave and the basis for its rejection. (Para 1 , 2)
2. court applies judicial precedent to authorize prisoner leave despite regulatory restrictions. (Para 4)

(Order of the Court was made by G.R.SWAMINATHAN, J . )

Heard both sides.

2. The writ petitioner’s husband is a life convict. He has already undergone 20 years of incarceration in the Central Prison, Puzhal, Chennai. The petitioner submitted an application to the respondents seeking grant of 40 days ordinary leave. The said request was rejected vide order dated 07.05.2026 by citing Rule 35 of the Tamil Nadu Suspension of Sentence Rules, 1982.

3. Our attention is drawn to the order dated 18.04.2024 in W.P.No.9081 of

2024 [S.Amaravathi Vs. The Secretary to Government and Others] in which even though the same Rule was cited, the Hon’ble Division Bench chose to grant the relief.

4. We are inclined to adopt the very same relief. In this view of the matter, the impugned order stands quashed and the convict-prisoner is granted forty (40) days ordinary leave without escort.

5. The writ petition is allowed on the following conditions:~

(a)The convict-prisoner, Sampath S/o.Panner Selvam, [Convict Prisoner, OJCT No.2008] now detained at Central Prison-1, Puzhal, Chennai, is granted ordinary leave for forty (40) days from 27.05.2026 to 05.07.2026 without escort.

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 26.05.2026 and he shall return to the prison at 10.00 a.m., on 06.07.2026.

(c) During the said leave period, he shall report before the Inspector of Police, E5 Pattinampakkam Police Station, Chennai, daily at 07.00 p.m., from

27.05.2026 onwards, without fail.

(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

Consequently, connected miscellaneous petition is closed.

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2026 Supreme(Online)(Mad) 41754

IN THE HIGH COURT OF JUDICATURE AT MADRASG.R.Swaminathan, V.Lakshminarayanan, JJSandhya – AppellantVersusDeputy Inspector General of Prisons – RespondentW.P.(Crl) No.1182 of 2026 | W.P.M.P.(Crl) No.391 of 2026

The court maintains discretion to grant ordinary leave to long-term incarcerated convicts, overriding prison rule restrictions when precedent justifies such relief for humanitarian or rehabilitative purposes.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, V.Lakshminarayanan, JJ
Sandhya – Appellant
Versus
Deputy Inspector General of Prisons – Respondent
W.P.(Crl) No.1182 of 2026 | W.P.M.P.(Crl) No.391 of 2026