SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 43711

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, V.Lakshminarayanan, JJ
Amul – Appellant
Versus
Deputy Inspector General of Prisons – Respondent
W.P.(Crl.)No.1226 of 2026|WPMP(Crl.)No.408 of 2026



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

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.

Headnote:The proceedings arise under Article 226 of the Constitution of India regarding the denial of ordinary leave to a convict prisoner. The petitioner sought 21 days of ordinary leave for her brother, who has served over four years of a life sentence, on the ground of existing family requirements. The primary issue was whether the pendency of other trials against a convict constitutes a valid ground for rejecting an application for ordinary leave under the applicable jail regulations. The Court observed that the mere existence of pending trials does not categorically disqualify a prisoner from being granted ordinary leave. The Court emphasized that administrative discretion must be exercised reasonably and in alignment with reformative principles of penology. The Court found the grounds set forth by the petitioner sufficient and satisfied that the request for leave was justified in the circumstances. The Court allowed the writ petition, quashed the impugned rejection order, and directed the release of the convict on ordinary leave for 21 days subject to specific reporting conditions.

Table of Content
1. overview of the petition for prisoner ordinary leave. (Para 1 , 2)
2. pending trials do not automatically invalidate leave requests. (Para 3)
3. granting mandatory leave with specific reporting conditions. (Para 4 , 5)

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

Heard both sides.

2. The petitioner’s brother is undergoing life sentence in the second respondent Prison. The petitioner’s brother has spent more than four years in the prison. The petitioner applied for 21 days’ ordinary leave for her brother, which was rejected by the first respondent on the ground that the convict is facing other cases which are pending trial. Challenging the rejection order dated 04.05.2026, the writ petition has been filed.

3. The learned counsel for the petitioner has brought to our notice that even though cases are pending trial, that would not be a ground to deny the request for ordinary leave. We are satisfied with the reasons set out in the affidavit filed in support of the petitioner.

4. We direct the respondents to grant twenty one (21) days ordinary leave for the convict without escort.

5. Accordingly, the impugned order dated 04.05.2026 is quashed and the writ petition is allowed on the following conditions:~

(a) The convict-prisoner, Karthick, Son of Jayapal, PID No.407554, confined at Central Prison-1, Puzhal, is granted ordinary leave for twenty one (21) days from 03.06.2026 to 23.06.2026 without escort.

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 02.06.2026 and he shall return to the prison at 10.00 a.m., on 24.06.2026.

(c) During the said leave period, he shall report before the Inspector of Police, Otteri Police Station, Chennai, daily at 07.00 p.m., from 03.06.2026 onwards, without fail.

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

Connected Miscellaneous Petition is closed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top