Citation : 2021 Latest Caselaw 11318 Mad
Judgement Date : 13 May, 2021
WP.No.11906/2021
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.11906/2021 & WMP.No.12656/2021
[Video Conferencing]
S.Ilamparuthi .. Petitioner
Versus
1.The State rep.by its
Home Secretary [Prison]
Home Department, Secretariat
Fort St George, Chennai 600 009.
2.The Director General of Prison and
Inspector General of Prison, Whannels
Road, Egmore, Chennai 600 008.
3.The Deputy Inspector General of Prisons
[Chennai Range], Office of DIG [Range]
Whannels Road, Egmore, Chennai-600 008.
4.The Superintendent of Prison
Puzhal Central Prison-1,
Puzhal-600 066. .. Respondents
https://www.mhc.tn.gov.in/judis/
1
WP.No.11906/2021
Order dated 13.05.2021
Prayer:- Writ Petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of certiorarified mandamus to call for
the records and quash the impugned order in No.6923/t.k.1/2020 dated
17.03.2021 passed by the 4th respondent and to grant one month leave
without escort to the convict namely Mr.S.Ilamparuthi, S/o.Late Selvaraj
[CT.No.6923] now confined in Central Prison at Puzhal-1.
For Petitioner : Mr.M.Mohamed Saifulla
For Respondents : Mrs.P.Kritika Kamal
Govt. Advocate [Crl.Side]
ORDER
(1) This writ petition has been filed in the nature of a certiorarified
mandamus to quash the impugned order in No.6923/t.k.1/2020
dated 17.03.2021 which had been passed by the 4th respondent
herein.
(2) The petitioner herein, a convict, [CT.No.6923], had sought for
thirty days ordinary leave to him without escort by submitting a
representation dated 11.02.2021. 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 representations of this nature
should be considered in the light of the directions given by them.
https://www.mhc.tn.gov.in/judis/
WP.No.11906/2021 Order dated 13.05.2021
(3) The 4th 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 17.03.2021, is therefore, set aside and a
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.
Consequently, the connected miscellaneous petition is closed.
[CVKJ] [KRJ]
13.05.2021
AP
Internet:Yes
https://www.mhc.tn.gov.in/judis/
WP.No.11906/2021 Order dated 13.05.2021
To
1.The Home Secretary [Prison] State of Tamil Nadu Home Department, Secretariat Fort St George, Chennai 600 009.
2.The Director General of Prison and Inspector General of Prison, Whannels Road, Egmore, Chennai 600 008.
3.The Deputy Inspector General of Prisons [Chennai Range], Office of DIG [Range] Whannels Road, Egmore, Chennai-600 008.
4.The Superintendent of Prison Puzhal Central Prison-1, Puzhal-600 066.
https://www.mhc.tn.gov.in/judis/
WP.No.11906/2021 Order dated 13.05.2021
C.V.KARTHIKEYAN, J., AND KRISHNAN RAMASAMY, J.,
AP
WP.No.11906/2021
13.05.2021
https://www.mhc.tn.gov.in/judis/
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