Madras High CourtWP/7486/2020disposed of

N.S.Kavitha v. The Home Secretary

2020-04-17Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2020

CORAM:

THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.NO.7486 OF 2020 N.S.Kavitha

...Petitioner

Versus

1.The Home Secretary Tamil Nadu Government Chennai - 600 009.

2.The Director General of Police Dr.Radhakrishnan Salai, Mylapore, Tamil Nadu - 600 004.

3.The Inspector General of Prisons CMDA Tower II, Gandhi Irwin Road, Egmore, Chennai - 600 008.

..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus, directing the respondents to release P.K.Rajeshkhanna, confined in Central Prison, Puzhal, Chennai on parole till the current Corona Pandemic scenario is solved.

For Petitioner :

Mr.B.Manoharan For Respondents : Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

This Writ Petition is filed by the petitioner seeking a direction to the respondents to release her husband P.K.Rajeshkhanna, confined in Central Prison, Puzhal, Chennai on parole till the current Corona Pandemic scenario is solved, as he is suffering from Headache and Cervical Spine problem etc. https://hcservices.ecourts.gov.in/hcservices/

2. As per the direction given by the Hon'ble Supreme Court, a High Power Committee has been constituted to consider the grant of interim bail and Parole to the prisoners, to avoid congestion in the prisons. Therefore, the petitioner is entitled to approach the High Power Committee for grant of Parole to her husband. The grounds raised by the petitioner in this writ petition, to relax the condition, as such, cannot be entertained at this stage. Therefore, the third respondent Inspector General of Prisons, Chennai, to whom the representation dated 06.04.2020 is made, is directed to forward the same to the High Power Committee and the High Power Committee shall take a decision on the same, within a period of two weeks from the date of receipt of such representation.

3. The writ petition is disposed of accordingly. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar TK To 1.The Home Secretary Tamil Nadu Government Chennai - 600 009.

2.The Director General of Police Dr.Radhakrishnan Salai, Mylapore, Tamil Nadu - 600 004.

3.The Inspector General of Prisons CMDA Tower II, Gandhi Irwin Road, Egmore, Chennai - 600 008.

4.The Additional Public Prosecutor High Court of Madras, Madras.

5. The Superintendent, Central Prison, Puzhal, Chennai W.P.NO.7486 OF 2020 SAI(CO) SP(20/05/2020) https://hcservices.ecourts.gov.in/hcservices/