Munni, Aged 41 Years, v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA AND THE HON'BLE MRS.JUSTICE S.RAMATHILAGAM H.C.P.NO.1539 OF 2018 Munni ....
Petitioner Vs
1. The State represented by its Secretary to Government Home Department, Fort St.George, Chennai 600 009.
2. Additional Director General of Prison CMDA Tower II, No.1, Gandhi Irwin Road Egmore, Chennai 600 008.
3. The Superintendent Central Prison, Coimbatore.
....
Respondents For Petitioner :
Mr.C.D.Sugumar For Respondents :
Mr.R.Prathap Kumar, Addl.Public Prosecutor Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents 1 to 3 herein to consider the representation dated 23.07.2018 and direct them to grant 30 days leave to the petitioners husband Harpoon Basha son of Magbool Sahib undergoing imprisonment at Central Prison, Coimbatore as life confict with No.10852 for the purpose of finalizing marriage proposal of his son Shaukat Ali.
O R D E R
(Order made by Dr.S.VIMALA, J.) Petitioner herein is the wife of the detenu Harpoon Basha S/o Magbool Sahib. The Habeas Corpus Petition is filed seeking direction to respondents 1 to 3 herein to consider the representation dated 23.07.2018 and direct them to grant 30 days leave to the petitioners husband Harpoon Basha son of Magbool
Sahib undergoing imprisonment at Central Prison, Coimbatore as life confict with No.10852 for the purpose of finalizing marriage proposal of his son Shaukat Ali.
2. It is stated that the detenu Harpoon Basha is aged about 49 years and is a life convict, having been convicted by the I Additional Sessions Judge, Coimbatore in Sessions Case No.110 of 1999 by the judgment dated 30.12.1999. He is lodged at Central Prison as life convict No.10852. It is also stated that he is in confinement for the past 19 years and he has to arrange the marriage of his son Shaukat Ali. A representation in this regard has been sent to the second respondent Additional Director General of Police, Egmore, Chennai with a copy to the third respodent, Superintendent, Central Prison, Coimbatore.
3. Learned counsel for the respondent would submit that a separate representation has not been sent to the third respondent and therefore it is not possible to consider the request of the petitioner.
4. It is needless to point out that the second respondent seems to have received the representation dated 23.07.2018 and in that case, it is open to the second respondent to forward the same to the third respondent.
5. Considering the facts and circumstances, we feel that in order to avoid further delay, the petitioner is also permitted to give a direct representation to the third respondent and in the event of the third respondent receiving a copy either from the second respondent or from the petitioner, the third respondent shall consider the request of the petitioner herein and pass appropriate orders within a period of three weeks from the date of receipt of copy of this order. With the above directions, the H.C.P. is disposed of.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To
1. The Secretary to Government Home Department, Fort St.George, Chennai 600 009.
2. Additional Director General of Prison CMDA Tower II, No.1, Gandhi Irwin Road Egmore, Chennai 600 008.
3. The Superintendent Central Prison, Coimbatore.
+1cc to Mr.C.D.Sugumar, Advocate, S.R.No.52331 H.C.P.No.1539 of 2018 GSP(04/09/2018)