Saifunnisa, F/40 v. The State Represented By Its

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.1542 OF 2018 Saifunnisa ....

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, Kovai.

...Respondents

For Petitioner :

M/s.Dr.S.Manoharan 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 herein to grant leave to the petitioner's husband Mohammed Zubair @ Sheikh Janu S/o Sheik Mohideen, aged about 48 years, undergoing imprisonment at Central Prison, Kovai as life confict with No.3243.

O R D E R

(Order made by Dr.S.VIMALA, J.) Petitioner herein is the wife of the detenu Mohammed Zubair @ Sheikh Janu S/o Sheik Mohideen. The Habeas Corpus Petition is filed seeking direction to respondents herein to grant leave to the petitioners husband Mohammed Zubair @ Sheikh Janu S/o Sheik Mohideen undergoing imprisonment at Central Prison, Kovai as life confict with No.3243.

2. It is stated that the detenu Mohammed Zubair @ Sheikh Janu S/o Sheik Mohideen married the petitioner when the detenu came out on parole in the year 2007. It is also stated that the https://hcservices.ecourts.gov.in/hcservices/

detenu is a life convict and is in custody for more than 10 years. Petitioner seeks direction to the respondents to grant leave to the detenu for the purposes of making arrangements for the livelihood of his family, construction or repairing the homestead and for settling family disputes like partition etc., A representation has been submitted to the second and third respondents on 20.07.2018.

3. According to the learned Additional Public Prosecutor, the competent authority to consider the representation is only the first respondent and not the second and third respondents.

4. In the above circumstances, the petitioner is given the option of submitting the required representation to the first respondent and in the event of the representation being received by the first respondent, it shall be considered within a period of three weeks from the date of receipt of a copy of this order. With the above directions, the H.C.P. is disposed of. s/d- Assistant Registrar True Copy Sub-Assistant Registrar KST 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, Kovai.

4. The Public Prosecutor High Court, Madras.

+1 cc to Mr.S. Manoharan, Advocate sr 52164.

H.C.P.No.1542 of 2018 RSI(CO) SP(12/09/2018) https://hcservices.ecourts.gov.in/hcservices/