Madras High Court
Sarojini vs The Secretary To Government Of ... on 3 July, 2023
W.P.NO.19415 OF 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
AND
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
W.P.NO.19415 OF 2023
Sarojini .. Petitioner
Vs.
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
Vellore Zone, Thorappadi,
Vellore.
3.The Superintendent
Cuddalore Central Prison
Cuddalore. .. Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India
for issuance of Writ of Certiorarified Mandamus, to call for the records
pertaining to the impugned order bearing No.4513/Tha.Ku.2/2023, dated
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W.P.NO.19415 OF 2023
15.03.2023, passed by the 3rd respondent and quash the same and
consequently direct the respondents to grant ordinary leave for 40 days
without escort to the detenu Harikaran, S/o. Natarajan, aged about 42 years
bearing Convict No.14895 at Central Prison, Cuddalore.
For Petitioner : Dr.S.Manoharan
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SUNDAR, J.]
Captioned writ petition has been filed in this Court on
26.06.2023 assailing an 'order dated 15.03.2023 bearing Reference
No.4513/Tha.Ku.2/2023 made by the third respondent' [hereinafter
'impugned order' for the sake of brevity, convenience and clarity] in and by
which the writ petitioner's representation dated 10.03.2023 seeking 40 days
ordinary leave for his son was negatived.
2. To be noted, writ petitioner's son is a Convict Prisoner
(Convict No.14895) having been handed down life sentence in and by
judgment dated 19.04.2004 made in S.C.No.87 of 2003 on the file of
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W.P.NO.19415 OF 2023
Additional District Sessions Court, Fast Track Court – I, Chennai for
alleged offences under Section 302 read with 109, 365 read with 109, 387,
347 read with 109, 364 read with 109 of 'Indian Penal Code (45 of 1860)'
[hereinafter 'IPC' for the sake of brevity, convenience and clarity]. To be
noted, a regular Criminal Appeal filed against the conviction and sentence
was dismissed by this Court vide order dated 06.10.2008 in Crl.A.No.685 of
2005.
3. Dr.S.Manoharan, learned counsel on record for the petitioner
submits that the petitioner is very ill; she is 83 years old; she had a fall and
it is necessary that her son (Convict Prisoner) attends to her.
4. Issue notice.
5. Mr.E.Raj Thilak, learned Additional Public Prosecutor
accepts notice for all three respondents.
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W.P.NO.19415 OF 2023
6. Learned Prosecutor submits that the impugned order has
been made owing to Rule 22(3) of the 'Tamil Nadu Suspension of Sentence
Rules, 1982' [hereinafter 'said Rules' for the sake of convenience]. Learned
Prosecutor submitted that the Convict Prisoner was granted 40 days
ordinary leave on 13.08.2022 and he returned on 23.09.2022. It was further
submitted that one year had not elapsed and that is the reason why the
impugned order has been made citing Rule 22(3) of the said Rules.
7. Owing to the limited scope and narrow compass on which
captioned matter turns main writ petition was taken up with the consent of
both sides. We carefully considered the submissions made on both sides.
8. Owing to the facts and circumstances of the case, we find
that the ground on which 40 days ordinary leave has been sought is
compelling and more importantly, the Convict Prisoner who has been
incarcerated for more than 22 years now, has already been granted leave as
many as 46 times in the past totalling 283 days and all 46 occasions have
been passed without any untoward incident i.e., the Convict Prisoner has
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W.P.NO.19415 OF 2023
returned / surrendered without anything unpleasant while on leave and the
details of leave availed by the Convict Prisoner thus far as placed before us
is as follows:
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W.P.NO.19415 OF 2023
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W.P.NO.19415 OF 2023
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W.P.NO.19415 OF 2023
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W.P.NO.19415 OF 2023
9. In the light of the narrative thus far, we are of the view that
this is a fit case wherein the respondents should have taken Rule 40 route of
the said Rules. To be noted, Rule 40 of the said Rules makes it clear that the
Executive Arm itself has ample and adequate powers to exempt any one
from any or all the provisions of said Rules.
10. In the light of the narrative, discussion and dispositive
reasoning thus far we make the following order:
(i) impugned order is set aside on the ground
that this is a fit case in which Rule 40 of said Rules
ought to have been resorted to;
(ii) convict prisoner (Convict No.14895) is
granted 21 days ordinary leave without escort. To be
noted, 21 days ordinary leave shall be from
05.07.2023 to 25.07.2023;
(iii) convict prisoner shall sign in the
jurisdictional Police Station, F-2 Egmore Police
Station, Chennai every Monday at 10.30 am;
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W.P.NO.19415 OF 2023
(iv) the convict prisoner shall surrender in
Central Prison, Cuddalore by dusk at 05.30 pm on
25.07.2023.
11. Captioned writ petition is disposed of with the aforesaid
directives. There shall be no order as to costs.
12. Though captioned writ petition is disposed of, list the
matter in the cause list under the cause list caption 'FOR REPORT' on
07.08.2023.
(M.S., J.) (R.S.V., J.)
03.07.2023
Index : Yes
Speaking
Neutral Citation : Yes
Upload forthwith
Issue order by 04.07.2023 lunchtime
TK
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W.P.NO.19415 OF 2023
To
1.The Secretary to Government of Tamil Nadu
Home Department
Fort St. George, Chennai – 600 009.
2.The Deputy Inspector General of Prison
Vellore Zone, Thorappadi,
Vellore.
3.The Superintendent
Cuddalore Central Prison, Cuddalore.
4.The Public Prosecutor
High Court, Madras.
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W.P.NO.19415 OF 2023
M.SUNDAR, J.
AND
R.SAKTHIVEL, J.
TK
W.P.NO.19415 OF 2023
03.07.2023
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