Back
2026 Supreme(Online)(Mad) 43341
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, R. Poornima, JJ
Thilagavathi – Appellant
Versus
Deputy Inspector General of Prisons – Respondent
W.P.Crl.(MD) No.2810 of 2026
For the Appellants/Petitioners: K. Sathish Kumar
For the Respondents: T. Senthil Kumar
Emergency leave for a convict prisoner is strictly governed by statutory rules, and the Court cannot grant such leave for attending funerals if it is not expressly provided for under those regulations.
Headnote:A petition was filed under Article 226 of the Constitution of India seeking emergency leave for a convict prisoner to attend a funeral ceremony following a road accident in the family. During the proceedings, it was informed that the son of the deceased had arrived to perform last rites, and judicial notice was taken that the requested leave did not fall within the permissible scope of the Prison Rules. The issue addressed was whether a prisoner is eligible for emergency leave to attend the funeral rites of a relative under the current regulatory framework. The court reasoned that in the absence of a specific provision under the governing rules authorizing such leave, the judiciary cannot grant it notwithstanding the humanitarian nature of the request. The writ petition stands disposed of as the request could not be granted.
| Table of Content |
|---|
| 1. court evaluates urgency and factual status of emergency leave application. (Para 1 , 2) |
| 2. emergency leave denied as it falls outside statutory rules. (Para 3) |
[Order of the Court was made by D.BHARATHA CHAKRAVARTHY, J.]
This writ petition has been filed by the petitioner with a prayer to direct the respondents to grant emergency leave for a period of three days for her husband, on the ground that her husband's aunt and her family members died in a gruesome road accident and there was a humanitarian crisis in the sense that their only son was in United States of America and there was nobody else to perform the last rites.
2. However, on 19.05.2026, when the matter came up for admission, it was informed to the Court that the son of the deceased is on his way to India to perform the last rites. Today, it is represented by the learned counsel for the petitioner that the son has come to India and he is performing the last rites. In view thereof, the prayer made in this writ petition cannot be granted.
3. Learned counsel for the petitioner would submit that the petitioner's husband being a relative can be permitted to attend the funeral ceremony. The same is not permitted under the Rules. Therefore, the prayer of the learned counsel for the petitioner cannot be countenanced.
4. Accordingly, this writ petition stands disposed of. No costs.
