IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, Sunder Mohan, JJ
Karpagam – Appellant
Versus
Deputy Inspector General Of Prisons – Respondent
| Table of Content |
|---|
| 1. factual background regarding jail leave request rejection. (Para 1 , 2 , 3) |
| 2. interpretation of rule 40 regarding discretionary exemption powers. (Para 4 , 5 , 6 , 7 , 8) |
| 3. direction for authorities to reconsider petitioner's request. (Para 10) |
(Order of the Court was made by Dr.Anita Sumanth J.)
This habeas corpus petition has been filed by the mother of detenu seeking 6 days emergency leave to her son, who is a life convict and presently lodged in Central Prison I, Puzhal, Chennai.
2.We have heard learned counsel for petitioner and learned counsel for the Government of Tamil Nadu (Criminal Side).
3.The case of the petitioner is that the convict’s father is seriously ill and the reasons cited in the impugned order for rejecting request for Emergency Leave is Rule 35 of the Tamil Nadu Suspension of Sentence Rules, 1982, as per which, no convict, who has pending cases can be granted leave.
4.Mr.Malarvannan also notes Rule 40 which grants the authorities power to exempt. In such circumstances, he is agreeable to having the authorities re- look into the representation of the petitioner, particularly, since the medical ailments of the convict’s father are supported by med
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