Shabira Banu vs The Deputy Inspector General Of Prison
2024 Latest Caselaw 20847 Mad

Madras High Court

Shabira Banu vs The Deputy Inspector General Of Prison on 19 October, 2024

Author: C.V.Karthikeyan

Bench: C.V.Karthikeyan

                                                                         W.P(MD) No.24698 of 2024


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                Date :19.10.2024

                                                    CORAM

                             THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
                                                 and
                                  THE HON'BLE MS.JUSTICE R.POORNIMA

                                          W.P(MD) No.24698 of 2024
                     Shabira Banu                                             ... Petitioner

                                                       Vs

                     1. The Deputy Inspector General of Prison
                        O/o. The Deputy Inspector General of Prison
                            and Correctional Services
                        Madurai Range, Madurai Central Prison Campus
                        New Jail Road, Madurai

                     2. The Superintendent of Prison
                        O/o The Superintendent of Prisons,
                        Central Prison,
                        Madurai.                                             ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus directing the
                     respondents 1 and 2 to grant ordinary leave for the petitioner's husband
                     for the period of 30 days who is a life convict namely Ibrahimsha,
                     C.P.No.5830 by considering the petitioner's representation dated
                     05.10.2024.




                     1/5

https://www.mhc.tn.gov.in/judis
                                                                         W.P(MD) No.24698 of 2024




                                  For Petitioner    : Mr.S.M.A. Jinnah
                                  For Respondents : Mr.A. Thiruvadikumar
                                                     Additional Public Prosecutor.

                                                     ORDER

The Writ Petition has been filed in the nature of madamus

seeking direction against the respondents to consider the representation

dated 05.10.2024, by which representation the petitioner had sought

ordinary leave to her husband namely Ibrahimsha, C.P.No.5830 for a

period of thirty days who is now confined at Central Prison, Madurai.

2.The respondent has under Rule 24 of the Tamil Nadu

Suspension of Sentence Rules, 1982, a period of 28 days to examine the

representation given.

3. The learned Additional Public Prosecutor stated that the

stipulation of 28 days is uniformly followed and as a matter of fact

directed to be followed by the order of the Division Bench of the

Principal Bench in the judgment reported in 2024 SCC Online Mad

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4786 in the case of Usha .vs.Director General of Police and another .

The Division Bench therein had only reiterated the rules stipulated under

the Suspension of Sentence Rules,1982

4. In view of that particular fact, we would issue a direction

to the respondents to pass orders on the representation given by the

petitioner herein within a period of 28 days from 05.10.2024. Liberty is

also granted if such order is adverse to the petitioner herein to file a fresh

writ petition.

5. In the result, the Writ Petition stands dismissed.

                                                            (C.V.K., J.)     (R.P., J.)
                                                                    19.10.2024

                     Index : Yes / No
                     Internet : Yes / No
                     NCC : Yes / No
                     aav

https://www.mhc.tn.gov.in/judis

To

1. The Deputy Inspector General of Prison O/o. The Deputy Inspector General of Prison and Correctional Services Madurai Range, Madurai Central Prison Campus New Jail Road, Madurai

2. The Superintendent of Prison O/o The Superintendent of Prisons, Central Prison, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

and R.POORNIMA, J.

aav

19.10.2024

https://www.mhc.tn.gov.in/judis