Citation : 2021 Latest Caselaw 11317 Mad
Judgement Date : 13 May, 2021
WP.No.11860/2021
Order dated 13.05.2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.05.2021
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
AND
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
WP.No.11860/2021
[Video Conferencing]
M.Aysha Parveen .. Petitioner
Versus
1.The Deputy Inspector General of Prison
[Vellore Range], Office of the Range DIG
Ramset Nagar, Thorapadi, Vellore.
2.The Superintendent of Prison
Central Prison at Vellore. .. Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of certiorarified mandamus to quash
the impugned order in NO.3395/Tha.Ku.1/2021 dated 19.04.2021 passed
by the 2nd respondent and to direct the respondents to grant 30 days
ordinary leave without escort to the convict namely Mohamed Zahir,
S/o.Muthu Mohamed [CT.No.3395] confined at Central Prison, Vellore.
For Petitioner : Mr.V.Paarthiban
For Respondents : Mrs.P.Kritika Kamal
Govt. Advocate [Crl.Side]
https://www.mhc.tn.gov.in/judis/
1
WP.No.11860/2021
Order dated 13.05.2021
ORDER
(1) This writ petition has been filed in the nature of a certiorarified
mandamus to quash the impugned order in
No.3395/Tha.Ku.1/2021 dated 19.04.2021 which had been passed
by the 2nd respondent herein.
(2) The petitioner herein, who is the wife of the convict, viz.,
Mohamed Zahir, [CT.No.3395], had sought for thirty days
ordinary leave to her husband without escort by submitting a
representation dated 01.12.2020. The reasons have been set out in
the said representation. Subsequently, the Hon'ble Supreme Court
of India was also seized of similar matters and they have given
directions or rather opined that the representations of this nature
should be considered in the light of the directions given by them.
(3) The 2nd respondent may, therefore, reconsider the entire issue in
the light of the judgment of the Hon'ble Apex Court with respect to
releasing of the prisoner/convict.
(4) The impugned order dated 19.04.2021, is therefore, set aside and a
https://www.mhc.tn.gov.in/judis/
WP.No.11860/2021 Order dated 13.05.2021
direction is given to the 2nd respondent to once again pass orders
based on the facts and in any way, the said order is to be passed
on or before 21.05.2021.
(5) The writ petition stands disposed of accordingly. No costs.
[CVKJ] [KRJ]
13.05.2021
AP
Internet:Yes
To
1.The Deputy Inspector General of Prison [Vellore Range], Office of the Range DIG Ramset Nagar, Thorapadi, Vellore.
2.The Superintendent of Prison Central Prison at Vellore.
https://www.mhc.tn.gov.in/judis/
WP.No.11860/2021 Order dated 13.05.2021
C.V.KARTHIKEYAN, J., AND KRISHNAN RAMASAMY, J.,
AP
WP.No.11860/2021
13.05.2021
https://www.mhc.tn.gov.in/judis/
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