Madras High Court
Anuisya vs The Secretary To Government on 26 September, 2024
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P(MD) No.21854 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date: 26.09.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
and
THE HON'BLE MS.JUSTICE R.POORNIMA
W.P(MD) No.21854 of 2024
Anuisya ... Petitioner
Vs
1. The Secretary to Government
Home Department(Prison)
Government of TamilNadu
Secretariat, Fort St. George
Chennai -9
2. The Additional Director General of Police(Prisons)
The Inspector General of POlice
Office of ADGP(Prisons)/I.G of Prisons,
Thalamuthu Natarajan Maaligai
Egmore, Chennai -8
3. The Superintendent of Prison
Central Prison,
Madurai.
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents to grant one month emergency leave without escort tot he
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W.P(MD) No.21854 of 2024
petitioner's father namely Jeyakumar, S/o.late Ramachandran, a life
convict prisoner(life convict No.5805) now confined at Central Prison,
Madurai for the purpose of attending serious illness of his daughter for a
period of one month by considering the petitioner's representation dated
03.09.2024.
For Petitioner : Mr.S.Srikanth
For Respondents : Mr.A.Thiruvadikumar
Additional Public Prosecutor.
ORDER
The writ petition has been filed in the nature of a Mandamus
seeking emergency leave to the father of the petitioner,Jeyakumar,
S/o.late Ramachandran, a life convict, (convict prisoner No.5805) and
now confined in Central Prison, Madurai, to attend the illness of his
daughter by considering the representation dated 03.09.2024.
2. The learned counsel for the petitioner in his arguments
contended that the petitioner herein is in an advance stage of pregnancy
and it had been stated that she could deliver a baby around first week of
October 2024. That is the reason why she requires the presence of her
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father who unfortunately is confined at Central Prison, Madurai, owing
to the conviction in S.C. No.172 of 2013 on the file of the learned
Sessions Judge, Sivagangai for the offences under Sections 147,302r/w.
149 of IPC(three counts) and 3(1) of TNPPDL Act and sentenced to
undergo life imprisonment, fine of Rs.1000/- i/d to under go five year
rigorous imprisonment. It had been stated that on an earlier occasion
emergency leave was granted without escort.
3. The learned Additional Public Prosecutor had forwarded details
about the emergency leave granted to the father of the petitioner. He had
been granted emergency leave on 10 different occasions.
4. The reasons sought is that the petitioner herein is in advance
stage of pregnancy. Emergency leave cannot be granted for that reasons
Ordinary leave can be granted. But the issue is whether escort is to be
provided or not?
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5. A perusal of the nature of the charges which the father of the
petitioner faced and had been convicted shows that he had been
convicted for substantial offence under Section 302 r/w 149 IPC(three
counts) and apart from that for other offences including under Section
307r/w.109 of IPC. The appeal filed had been dismissed by this Court in
Crl.A(MD) No.295 of 2015 vide judgment dated 21.03.2019. When
granting leave by default, the respondent would be imposing shadow
watching over the father of the petitioner but that may not be possible
unless specific orders is passed while granting ordinary leave .
6. Taking into consideration all the factors, we intend to grant
ordinary leave to the father of the petitioner with one escort from
03.10.2024 @ 10.30 am., till 11.10.2024 @ 4.00 pm.,. During the leave
period he may also appear before the Inspector of Police, Kalaiyar kovil
Police Station daily at 10.30 am.,
7. However, we would list the matter on 01.10.2024 for getting a
report from the concerned jurisdictional police whether any hostility still
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prevails in the ares and whether there is any possibility of retaliation
taking place.
List the case on 01.10.2024 for getting report from the
concerned jurisdictional police.
(C.V.K., J.) (R.P, J.)
26.09.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
aav
To
1. The Secretary to Government
Home Department(Prison)
Government of TamilNadu
Secretariat, Fort St. George
Chennai -9
2. The Additional Director General of Police(Prisons)
The Inspector General of POlice
Office of ADGP(Prisons)/I.G of Prisons,
Thalamuthu Natarajan Maaligai
Egmore, Chennai -8
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3. The Superintendent of Prison
Central Prison,
Madurai.
4. The Inspector of Police
Kalaiyarkovil Police Station
Sivagangai District
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Note to Registry:
In matters of this nature, we find while taking a decision to grant
emergency leave or ordinary leave with or without escort, the
Superintendent of Prison or prison authorities are not able to furnish
information about whether any hostility still remains in that area and
whether there is threat of retaliation against the convict prisoners.
Further the learned Additional Public Prosecutor necessarily has to
obtain information in that regard but information is also not provided
since the jurisdictional police or Superintendent of Police is not a party
to the proceedings.
2. We therefore direct the Registry that whenever writ petition
seeking either ordinary leave or emergency leave is filed, the respective
Superintendent of Police of the respective district must also be made as a
party. We would not take a recourse to their instructions always but only
in sensitive matters before taking a decision. Infact. this would also be
an advantageous to the convict prisoner in certain case where there is
threat of retaliation or hostility still prevails in the area.
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3. The Registry may place this order before the Hon'ble
Administrative Committee.
(C.V.K., J.) (R.P, J.)
26.09.2024
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C.V.KARTHIKEYAN, J.
and
R.POORNIMA, J.
aav
26.09.2024
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