[Cites 1, Cited by 0]
Madras High Court
A.Benazir Banu vs The Deputy Inspector General Of Prison on 9 March, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
2026:MHC:953
WP Crl. No. 524 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-03-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
WP Crl. No. 524 of 2026
AND
WPMP CRL. NO. 154 OF 2026
A.Benazir Banu
W/o.Alavutheen,
No.11, Mariyamman Kovil Street,
Pudupettai,
Virudhachalam,
Cuddalore District-606 001. ..Petitioner(s)
Vs
1. The Deputy Inspector General of Prison,
Chennai Range,
Prison Head Quarters,
Whennels Road, Egmore,
Chennai-600 008.
2. The Superintendent of Prison,
Central Prison-I, Puzhal,
Chennai-600 066.
..Respondent(s)
Prayer: Writ petition filed under Article 226 of Constitution of India for
issuance of a WRIT OF CERTIORARIFIED MANDAMUS to call for the
records No.RO-CHN/52/2026-CA.1 dated 26.02.2026 passed by respondent
no.1, and quash the same and consequently direct the respondent to grand 28
days ordinary leave to the petitioner’s husband Alavutheen S/o.Samsudeen,
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WP Crl. No. 524 of 2026
aged 36 years, Convict Prisoner No.5630, (PID 4578) now confined in the
Central Prison-1, Puzhal, Chennai-66.
For Petitioner(s): Mr.P.Pugalenthi
For Respondent(s): Mr. R.Muniyapparaj,
Additional Public Prosecutor
Assisted By
Mr. M. Sylvester John (for R1 & R2)
ORDER
(Order of the Court was made by Dr.Anita Sumanth J.)
Mr. R.Muniyapparaj, learned Additional Public Prosecutor assisted by
Mr.M.Sylvester John, learned counsel, accepts notice for R1 and R2 and has
received instructions in full. Hence, by consent of both learned counsel, this
Writ Petition is disposed finally even at the stage of admission.
2. The petitioner is the wife of one Alavutheen, who was sentenced to
life imprisonment on 17.07.2014. In line with Rule 22 of the Tamil Nadu
Suspension of Sentence Rules, 1982 (in short ‘Rules’), the petitioner’s husband
(convict) had sought leave which was granted on 28.04.2018, till 05.08.2018,
for a period of six days (ordinary leave). He had availed the leave and
thereafter absconded and not returned to the prison. He had been located and
arrested by the police only on 13.10.2021 and has been detained in Central
Prison, Chennai for continuance of the original sentence.
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3. The convict thereafter sought ordinary leave of 3 days, and as the
same was not considered, the petitioner had moved W.P.No.30132 of 2023,
wherein, by order dated 16.10.2023, this Court had granted 3 days ordinary
leave with police escort from 25.10.2023 to 27.10.2023. The leave has been
availed and learned Additional Public Prosecutor states that there are unpaid
dues of escort charges to be met by the convict.
4. In 2024, the convict’s request for leave of 21 days was again rejected
by the authorities vide order dated 19.11.2024, as a result that the petitioner had
moved W.P.No.36165 of 2024 seeking quash of order dated 19.11.2024 and
directing the respondent to grant 21 days ordinary leave to her husband.
5. That Writ Petition was allowed on 09.12.2024, by this Court noting the
health problems of the petitioner’s second son, and the fact that the presence of
her husband was required in connection therewith. While granting leave, this
Court imposed certain conditions, which we are given to understand, the convict
had complied with.
6. In 2025, the convict’s request for 6 days emergency leave was rejected
leading to the institution of W.P.(Crl.) No.1280 of 2025. By order dated
24.11.2025, the Court granted 6 days emergency leave without police escort
from 01.12.2025 to 06.12.2025. This is the fourth instance where the request of
the convict was rejected leading to the institution of the present Writ Petition by
the convict’s wife.
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7. On a perusal of impugned order dated 26.02.2026, we find that it has
been passed referring, in vague terms, to the fact that the convict had absconded
earlier. The rejection is in the teeth of interim developments when, based on the
Courts orders, the convict has been granted leave on three occasions, the details
of which are as follows:
(i) W.P.No.30132 of 2023 dated 16.10.2023 – 3 days ordinary leave with police
escort – 25.10.2023 to 27.10.2023;
(ii) W.P.No.36165 of 2024 dated 09.12.2024 – 21 days ordinary leave without
police escort – 13.12.2024 to 02.01.2025; and
(iii) W.P.(Crl.) No.1280 of 2025 dated 24.11.2025 – 6 days emergency leave
without police escort– 01.12.2025 to 06.12.2025
8. Mr.Muniyapparaj would accede to the position that the leave sought
for now is in line with the scheme under Rule 22 of the Rules and the only
reason is the track record of the convict.
9. We do not agree with the approach of the authorities in the present
matter as it obliterates the orders passed by the Court in the interim, for the
years 2023, 2024 and 2025. The authorities cannot expect the petitioner/convict
to file a Writ Petition year on year for the same relief. Undoubtedly, the
petitioner had absconded in 2018. However, there had been three instances
thereafter when he had sought leave, both ordinary and emergency, based on the
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medical history of his second son. Moreover, he has complied with the
directions imposed by this Court.
10. We are, hence, of the considered view that the authorities ought not
to have rejected the leave mechanically and should have taken note of the orders
passed by this Court on 16.10.2023, 09.12.2024 and 24.11.2025.
11. Mr.Muniyapparaj, would also fairly state, on enquiry, that the
medical condition of the petitioner’s second son has been verified, and found to
be bonafide and true.
12. Hence, the impugned order is set aside and this Writ Petition
allowed. The petitioner’s request for grant of ordinary leave of 28 days without
police escort is granted on the following conditions:
(i)The respondents are directed to release the convict viz., Alavutheen,
S/o.Samsudeen, aged about 36 years, confined at Central Prison~1, Puzhal,
Chennai-66, on ordinary leave for a period of twenty eight (28) days without
escort i.e., from 10.03.2026 to 06.04.2026.
(ii)The convict shall be released on 10.03.2026 at 10.00 A.M. and is directed to
surrender before the Superintendent of Prisons, Central Prison-I, Puzhal,
Chennai, on 07.04.2026 before 10.00 A.M.
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(iii)The convict shall report before the Inspector of Police, Virudhachalam
Police Station, Cuddalore District, daily at 11.00 A.M, during the period of
leave.
(iv)During the leave period, the Convict Prisoner shall abide by all the
conditions prescribed in the Jail Manual.
Connected Miscellaneous Petition is closed.
(A.S.M.,J.) (S.M.,J.)
09-03-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
sl
Note: Registry is directed to issue a copy of this order today. (i.e., 09.03.2026)
To
1. The Deputy Inspector General of Prison,
Chennai Range,
Prison Head Quarters,
Whennels Road,
Egmore,
Chennai-600 008.
2. The Superintendent of Prison,
Central Prison-I,
Puzhal,
Chennai-600 066.
3. The Public Prosecutor,
High Court of Madras.
4. The Joint Secretary to Government,
Public (Law and Order),
Secretariat, Fort.St. George, Chennai – 9.
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DR.ANITA SUMANTH J.
AND
SUNDER MOHAN J.
sl
AND
WPMP CRL. NO. 154 OF 2026
09-03-2026
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