[Cites 2, Cited by 0]
Madras High Court
Shabira Banu vs The Deputy Inspector Of General Of ... on 18 February, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Crl.(MD) No.922 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P.Crl.(MD) No.922 of 2026
Shabira Banu ... Petitioner
-vs-
1. The Deputy Inspector of General of Prisons
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
Central Prison, Madurai District
3. The Superintendent of Police
O/o. The Superintendent of Police
Madurai District ....Respondents.
PRAYER: Petition filed under Article 226 of the Constitution of India to issue
a writ of Certiorarified Mandamus to call for the records of impugned order
passed by the second respondent in No.4559/Tha.ku.2/2025 dated 05.02.2026
and quash the same as bad in law and consequently direct the respondents
herein to grant an emergency leave for a period of 10 days to the petitioner's
____________
Page 1 of 6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 11:08:56 am )
W.P.Crl.(MD) No.922 of 2026
husband namely Ibrahimsha, S/o.Mohamed Hanifa, C.P.No.5830 who is a life
convict and languishing in Madurai Central Prison.
For Petitioner : Mr.SMA.Jinnah
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor
ORDER
[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]
The prayer in the petition is to quash the impugned order passed by the
second respondent in No.4559/Tha.ku.2/2025 dated 05.02.2026 and direct the
respondents herein to grant an emergency leave for a period of 10 days to the
petitioner's husband namely Ibrahimsha, S/o.Mohamed Hanifa, C.P.No.5830
who is a life convict and languishing in Madurai Central Prison.
2. It is the case of the petitioner that her husband was convicted by
the IV Additional Sessions Court, Madurai in S.C.No.147 of 2015 on
06.02.2019 and sentenced to undergo life imprisonment for the offence under
Section 302 of IPC. Aggrieved over the same, the convict has also filed an
appeal before this Court and the same was upheld. While being so, the
petitioner being wife of the convict submitted representation seeking
emergency leave to attend her father-in-law who is dead bed and also suffering
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 11:08:56 am )
from cancer. However the said request was rejected by the second respondent
on the ground that the convict is a habitual offence and there are two cases
pending against him including offence under Section 302 of IPC.
3. A perusal of the record reveals that the petitioner's father-in-law and
father of the convict is bedridden and suffering from cancer.
4. Considering the request made by the petitioner seeking emergency
leave for her husband this Court is inclined to grant five days emergency leave
to the convict.
5. Accordingly, the impugned order passed by the second
respondent is set aside and writ petition is disposed of with the following
directions:
(i) The respondents are directed to grant five days
emergency leave with necessary escort to the
petitioner's husband namely Ibrahimsha, S/o.Mohamed
Hanifa, C.P.No.5830 who is a life convict and
languishing in Madurai Central Prison from
20.02.2026 to 24.02.2026. The convict prisoner shall
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 11:08:56 am )
be released from the prison on 20.02.2026 at 6.00 am.,
(ii) He shall report back to the Superintendent of Prison,
Central Jail, Madurai / second respondent, by
25.02.2026 at 5.00pm..,
(iii) The petitioner shall produce all necessary documents,
along with a copy of this order, before the jail
authorities,
(iv) During the leave period, the convict prisoner shall
abide by all the conditions prescribed in the Jail
Manual.
(v) The escort charges shall be borne by the petitioner and
if necessary, the same shall be adjusted from the
income earned by the convict prisoner during the
imprisonment period.
[G.K.I., J.] [R.P., J.]
18.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
Note: Issue order copy on 19.02.2026
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 11:08:56 am )
To:
1. The Deputy Inspector of General of Prisons
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
Central Prison, Madurai District
3. The Superintendent of Police
O/o. The Superintendent of Police
Madurai District
4. The Additional Public Prosecutor
Madurai Bench of Madras High Court,
Madurai.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 11:08:56 am )
G.K.ILANTHIRAIYAN, J.
and
R.POORNIMA, J.
aav
18.02.2026
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 11:08:56 am )
