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M.Aysha Parveen vs The Deputy Inspector General Of ...
2021 Latest Caselaw 11317 Mad

Citation : 2021 Latest Caselaw 11317 Mad
Judgement Date : 13 May, 2021

Madras High Court
M.Aysha Parveen vs The Deputy Inspector General Of ... on 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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