Madras High Court
L.Wasib Khan vs The State Rep. By Its on 10 March, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2021
CORAM
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
W.P.No.4574 of 2021
L.Wasib Khan ... Petitioner
Vs.
1. The State rep. by its
Home Secretary (Prison)
Home Department, Secretariat,
Fort St. George, Chennai – 600 009.
2. The Director General of Prison,
Gandhi Irwin Road, CMDA Building,
Egmore, Chennai.
3. The Deputy Inspector General of Prison (Chennai Range)
Gandhi Irwin Road, CMDA Building,
Egmore, Chennai.
4. The Superintendent of Prison,
Central Prison at Puzhal – I,
Thiruvallur – 600 066. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus, directing the respondents to grant
30 days leave without escort to the convict namely Wasib Khan
S/o.Liaquat Ali, Confined at Central Prison, Puzhal-I and may deem fit
and necessary orders.
For Petitioner : Mr.M.Mohamed Saifulla
For Respondents : Mr.M.Mohammed Riyaz
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
2
ORDER
This writ petition has been filed for the issue of writ of mandamus
directing the respondents to consider the representation made by the
petitioner dated 10.01.2021 wherein the petitioner has sought for grant of
30 days ordinary leave.
2.The petitioner is a convict and he is presently serving sentence at
Central Prison, Puzhal. It is also seen from records that the petitioner has
filed an appeal against the judgment of the trial Court and the same is
pending before this Court in Crl.A.No.125 of 2020. According to the
petitioner, his mother is facing a severe heart problem and she is taking
treatment in hospital and her health condition is very serious. The
petitioner wanted to attend to his mother's health condition and also to
arrange for the medical expenses. Therefore, the petitioner made a
representation seeking for ordinary leave before the respondent. Since,
the same was not considered, the present writ petition has been filed
before this Court.
3.Taking into consideration the facts and circumstances of the case
and also the limited relief that has been sought for in this writ petition,
there shall be a direction to the 3rd respondent to consider the
https://www.mhc.tn.gov.in/judis/
representation made by the petitioner on 10.01.2021 strictly in
accordance with Tamil Nadu Suspension of Sentence Rules, 1982 and
shall pass orders, within a period of ten days from the date of receipt of
copy of this order. The petitioner is directed to make a fresh
representation to the 3rd respondent along with a copy of the
representation dated 15.07.2019 and a copy of this order.
4.This writ petition is disposed of with the above direction. No Costs.
10.03.2021
Index: Yes/No
Internet: Yes/No
ssr
Note: Issue order copy on 15.03.2021
To
1. The State rep. by its
Home Secretary (Prison)
Home Department, Secretariat,
Fort St. George, Chennai – 600 009.
2. The Director General of Prison,
Gandhi Irwin Road, CMDA Building,
Egmore, Chennai.
3. The Deputy Inspector General of Prison (Chennai Range)
Gandhi Irwin Road, CMDA Building,
Egmore, Chennai.
4. The Superintendent of Prison,
Central Prison at Puzhal – I,
Thiruvallur – 600 066.
https://www.mhc.tn.gov.in/judis/
N.ANAND VENKATESH,J.
ssr
5. The Public Prosecutor,
High Court of Madras, Chennai.
W.P.No.4574 of 2021
10.03.2021
https://www.mhc.tn.gov.in/judis/
