Geetha v. The Deputy Inspector General Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.No.1353 of 2025 Mrs.K.Geetha ... Petitioner Vs.
1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600 008.
2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai - 600 066.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarifed Mandamus, calling for the records connected with impugned order dated 04.12.2024 vide Ref No.536536/jF2/2024 passed by the second respondent and quash the same directing the respondents to grant emergency leave for 20 days without escort to the detenu, Mr.Bharathi, Convict No.9538, confined at Central
Prison - 1, Puzhal, Chennai - 600 066.
For Petitioner : Mr.N.Vishnuvardhan For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
(Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed challenging the impugned order dated 04.12.2024, rejecting the representation of the petitioner dated 26.11.2024.
2. The reason assigned in the impugned order for rejecting the petitioner's request for grant of ordinary leave to her son is that there was no proper medical records to substantiate the leave application.
3. The learned counsel for the petitioner submitted that the petitioner requires the presence of her son/life convict to arrange monetary funds for her surgery for the condition called Fibroadenoma of Uterus and hence, she sought for an emergency leave for a period of 20 days for her son. The
petitioner has also filed a medical certificate in this regard along with the affidavit.
4. The learned Additional Public Prosecutor has produced particulars of the life convict dated 13.02.2025, as well as the report of the Probation Officer dated 27.01.2025. The Probation Officer, in his report, has recommended for grant of emergency leave to the petitioner's son with escort.
5. Considering the reason stated by the petitioner for grant of emergency leave to her son, as well as the report of the Probation Officer recommending to grant leave to the petitioner's son/life convict, we are inclined to consider the prayer sought for in this Writ Petition.
6. Accordingly, the impugned order dated 04.12.2024 passed in Ref No.536536/jF2/2024 by the second respondent, is hereby quashed. Consequently there shall be a direction to the respondents herein, to grant 10 days emergency leave "without escort" to the petitioner's son/life convict namely Mr.Bharathi, Convict No.9538, confined at Central Prison -
1, Puzhal, Chennai - 600 066, commencing from 20.02.2025 to 01.03.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Santhavasal Police Station, Thiruvannamalai District, daily at 10.30 A.M. After expiry of the Emergency Leave, the life convict shall surrender before the Jail Authority on 01.03.2025 before 05.30 P.M. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.
7. With the above direction, the Writ Petition stands allowed. No costs. Connected miscellaneous petition is closed. [M.S.R, J.] [N.S, J.] 14.02.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy on 19.02.2025.
To 1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600 008.
2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai - 600 066.
3.The Inspector of Police, Santhavasal Police Station, Thiruvannamalai District.
4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and N. SENTHILKUMAR, J.
Sni 14.02.2025