S.Rasheeda Begum v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE DR.JUSTICE D.NAGARJUN S.Rasheeda Begum .. Petitioner Vs.
1.
The Secretary, Home Department, Fort St. George, Chennai - 600 009.
2.
The Additional Director General of Prisons, C.M.D.A. Towers, Egmore, Chennai - 600 008.
3.
The Superintendent of Prison, Central Prison, Coimbatore.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to provide ordinary leave for three months without escort to the petitioner's husband by name S.A. Basha, son of Abdul Rahman, aged about 83 years, with convict No.3244, detained at Central Prison, Coimbatore, based on the representation dated 03.03.2023 of the petitioner.
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For Petitioner :
Ms.K.Akshaya for Mr.C.D.Sugumar For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.] This order will now dispose of the captioned Writ Petition.
2. This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 30.03.2023, which reads as follows:
'The central theme of captioned writ petition is a prayer for ordinary leave for a convict prisoner aged 83 years (S.A.Basha, Convict No.3244, now lodged in Central Prison, Coimbatore).
2. Mr.C.D.Sugumar, learned counsel for petitioner (to be noted, convict prisoner's wife, one S.Rasheeda Begam, aged 70 years is the petitioner before us) who is before us submits that the convict prisoner is a diabetic and is now struggling from the side effects of diabetes and is ailing. Learned counsel submits that the convict prisoner has not preferred any appeal against conviction Page Nos.2/8
and has served over 27 years. It is also pointed out that the convict prisoner has gone out on leave multiple / many times in this 27 years and has returned without any untoward incident.
3. Issue notice. Mr.R.Muniyapparaj, learned State Additional Public Prosecutor, accepts notice for all three respondents.
4. Learned Prosecutor submits that the writ petitioner has given a representation dated 03.03.2023 seeking 40 days ordinary leave for the convict prisoner and that the representation is under active of the respondents.
5. Considering the facts and circumstances of the case and the nature of the case on hand, we deem it appropriate to direct the respondents to take a call i.e., take a decision on the aforementioned representation as expeditiously as the business of the respondents would permit and in any event before 05.04.2023. List on 05.04.2023.'
3. As the aforementioned earlier proceedings are to be read as an integral part and parcel of this order, the short forms and abbreviations used in the earlier proceedings will continue to be used in the instant order also.
4. Adverting to the earlier order, learned Additional Public prosecutor submits that the leave request of the convict prisoner has since been acceded to albeit for 15 days. Learned Additional Public Prosecutor has placed before Page Nos.3/8
us an order dated 06.04.2023 bearing reference G.O.(2D) No.176, Home (Prison-V) Department and a scanned reproduction of the same is as follows: Page Nos.4/8
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5. Though leave has been granted as the number of days of leave granted is lesser than the number of days of leave sought, we deem it appropriate to say that the rights of the convict prisoner or anyone concerned for the convict prisoner are preserved for assailing the aforementioned order, if so desired.
6. Captioned Writ Petition is disposed of recording the aforesaid stated position albeit preserving rights to the extent and manner indicated supra. No costs.
(M.S., J.) (D.N.R., J.) 06.04.2023 Index : Yes / No Internet : Yes / No Speaking / Non-speaking rsi Page Nos.6/8
To 1.
The Secretary, Home Department, Fort St. George, Chennai - 600 009.
2.
The Additional Director General of Prisons, C.M.D.A. Towers, Egmore, Chennai - 600 008.
3.
The Superintendent of Prison, Central Prison, Coimbatore.
4.
The Public Prosecutor High Court, Madras.
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M.SUNDAR, J.
and DR.D.NAGARJUN, J.
rsi 06.04.2023 Page Nos.8/8