Madras High Court
A.M.Sheriff Fathima vs The Secretary To Government Of ... on 18 August, 2022
Writ Petition No.21813 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 18.08.2022
CORAM
The Honourable Mr Justice S.VAIDYANATHAN
and
The Honourable Mr Justice A.D.JAGADISH CHANDIRA
Writ Petition No.21813 of 2022
A.M.Sheriff Fathima ... Petitioner
-Versus-
The State represented by its
1. The Secretary to Government of Tamil Nadu,
Home Department,
Fort St. George,
Chennai 600 009.
2. The Deputy Inspector General of Prison,
Coimbatore Range,
Coimbatore Central Prison,
Coimbatore 641 018.
3. The Superintendent,
Central Prison,
Coimbatore 641 018. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying to
issue a Writ of Mandamus, directing the respondents to grant leave for 40 days
for the detenue, Chet @ Santhu Mohammed, S/o. Mohammed Sheriff, aged about
45 years, life convict No.10708, detained at Central Prison, Coimbatore.
1/8
https://www.mhc.tn.gov.in/judis
Writ Petition No.21813 of 2022
For Petitioner Dr.S.Manoharan
For Respondents Mr.M.Babu Muthumeeran
Additional Public Prosecutor
***
ORDER
S.VAIDYANATHAN, J
&
A.D.JAGADISH CHANDIRA,J
The Petitioner, who is the mother of the life convict (No.10708), namely,
Chet @ Santhu Mohammed, S/o. Mohammed Sheriff, aged about 45 years,
confined at Central Prison, Coimbatore, has filed this Petition for a direction to
the respondents to grant leave for 40 days to her son.
2. According to the petitioner, her son viz., Chet @ Santhu Mohammed is
a life convict bearing Convict No.10708 and has been undergoing life
imprisonment, pursuant to the judgment passed by the Special Court for Bomb
Blast Cases, Coimbatore in SC No.2 of 2000. She further submitted that marriage
has been fixed for her son on 21.08.2022 with one Sabeena. There are numerous
formalities and ceremonies to be performed before and after the marriage
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Writ Petition No.21813 of 2022
ceremony. Hence, she made a representation dated 20.07.2022 enclosing a copy
of the wedding invitation, to the respondents, requesting to grant 40 days leave
for his son. Finding no response, the petitioner has come up with the present
petition for the above stated relief.
3. Today, when the matter was taken up for consideration, learned counsel
for the petitioner submitted that in an identical situation, this Court by order
dated 29.01.2015 in WP.No.980 of 2015, has granted leave for a period of 20
days to the life convict S.Santhuahammed for his marriage. Learned counsel
sought for similar order in this petition as well.
4. On the other hand, learned Additional Public Prosecutor submitted that
on receipt of the representation made by the mother of the petitioner, the third
respondent called for report, pursuant to which, the Inspector of Police B1
Bazaar Police Station Law and order Coimbatore City have furnished their
reports stating that the marriage of the life convict has been fixed to be
solemnized on 21.08.2022.
https://www.mhc.tn.gov.in/judis
Writ Petition No.21813 of 2022
5. He further submitted that the life convict has already been granted leave
for a period of 6 days from 10.03.2022 to 17.03.2022 and also for 2 days on
26.05.2022 and 27.05.2022
6. In response, the learned counsel for the petitioner would submit that the
petitioner's son has been in prison for more than 24 years and he is now aged
about 45 years and hence, he is entitled to emergency leave.
7. Heard both sides and perused the materials placed before this Court.
8. A perusal of the reports of the police shows that admittedly, the
marriage of the life convict (No.10708), namely, Chet @ Santhu Mohammed
with one Sabeena, is going to be solemnized on 21.08.2022. The petitioner made
made representations to the respondents seeking leave for a period of 40 days for
the purpose of marriage. It is represented that an appeal is pending before the
Apex Court and that in the light of the Rule 35 of Tamil Nadu Suspension of
Sentence Rules 1982, no leave could be granted. However, considering the
factum of his marriage, this Court is inclined to grant emergency leave for 6 days.
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Writ Petition No.21813 of 2022
9. Accordingly, the third respondent is directed to grant emergency leave
to Chet @ Santhu Mohammed, S/o. Mohammed Sheriff, who is a life convict
bearing Convict No.10708, for a period of 6 days from 19.08.2022 to 26.08.2022
(by excluding the date on which he is released from the prison and the date on
which he surrenders before the prison authorities). He shall be released from
prison on 19.08.2022 at 8.00 a.m. with two escort police personnel and subject to
other usual terms and conditions, if any and on the expiry of the leave on
26.08.2022 before 6.00 p.m., the petitioner shall be brought back and lodged in
the Central Prison, Coimbatore. The petitioner is directed to bear all the expenses
for leave in accordance with the Rules.
10. With the above directions, this Criminal Original Petition is disposed
of.
List this matter for compliance on 29.08.2022 at 2.15 p.m.
Index : yes / no [S.V.N,J.] [A.D.J.C.,J.]
Internet : yes / no 18.08.2022
Speaking / Non Speaking Order
https://www.mhc.tn.gov.in/judis
Writ Petition No.21813 of 2022
pvs
Note: Issue order copy on 18.08.2022
https://www.mhc.tn.gov.in/judis
Writ Petition No.21813 of 2022
To
1. The Secretary to Government of Tamil Nadu,
Home Department,
Fort St. George,
Chennai 600 009.
2. The Deputy Inspector General of Prison,
Coimbatore Range,
Coimbatore Central Prison,
Coimbatore 641 018.
3. The Superintendent,
Central Prison,
Coimbatore 641 018.
4.The Public Prosecutor, High Court, Chennai.
https://www.mhc.tn.gov.in/judis
Writ Petition No.21813 of 2022
S.VAIDYANATHAN.J.,
AND
A.D.JAGADISH CHANDIRA.J.,
pvs
Writ Petition No.21813 of 2022
18.08.2022
https://www.mhc.tn.gov.in/judis
