IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, V.Lakshminarayanan, JJ
Saravanan – Appellant
Versus
State – Respondent
| Table of Content |
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| 1. judicial review of prison leave denial based on probation officer reports. (Para 2 , 3) |
(Order of the Court was made by G.R.SWAMINATHAN, J . )
Heard both sides.
2. The petitioner is undergoing life sentence in the Central Prison, Salem.
He was convicted for the offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012. So far, he has undergone 9 years of imprisonment. He seeks 28 days ordinary leave without escort. His request was rejected on the ground that the Probation Officer has not recommended his case.
Challenging the impugned order, the writ petition has been filed.
3. We went through the report of the Probation Officer. It is seen that even though the Probation Officer has endorsed the case of the petitioner almost in all aspects, the Probation Officer declined to recommend it on the ground that the reason cited by the writ petitioner was not correct. We are of the view that we need not take a strict view. Hence, the impugned order stands quashed. 4.We direct the respondents to grant twenty eight (28) days ordinary leave for the convict without escort.
5. The writ petition is allowed on the following conditions:~
(a) The convict-prisoner,
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