S.Karpagam v. The Home Secretary (Prison)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 926 of 2020 S.Karpagam .. Petitioner Vs.

1.The Home Secretary (Prison) Ministry of Home Department Secretariat, Fort St. George Chennai - 600 009 2.The Additional Director General of Prison and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008 3.The Superintendent of Prison, Puzhal Central Prison (Convicted Prison) - I Puzhal - 600 066.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus to direct the 1st and 2nd respondents to consider petitioner's representation of E-Mail communication dated 15.04.2020 namely malarmohana22@gmail.com to grant one month leave without escort in the light of direction given by the Hon'ble Apex Court in Re: Contagion of Covid 19 Virus in Prisons (Suo Motu Writ Petition (Civil) No.01 of 2020) to the detenu M.Saravanan @ Erode Saravanan, S/o.Munusamy, now confined in Central Prison Puzhal - I.

For Petitioner : Mr.M.Mohamed Saifulla For Respondents : Ms.M.Prabhavathi, Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking to issue a Writ of Habeas Corpus to direct the first and second respondents to consider petitioner's representation - email communication dated 15.04.2020, to grant one month leave without escort, in the light of direction given by the Hon'ble Apex Court in Re: Contagion of Covid 19 Virus in Prisons (Suo Motu Writ Petition (Civil) No.01 of 2020) to the detenu M.Saravanan @ Erode Saravanan, S/o.Munusamy, who is now confined in Central Prison Puzhal - I, the present petition has been filed by the wife of the convict.

2. Though a larger prayer has been sought for, the learned counsel for the petitioner submitted that the request made on behalf of the convict may be directed to be considered by the second respondent for letting the convict on parole.

3. Taking into consideration the aforesaid submission made by the learned counsel for the petitioner coupled with the request made is still pending consideration with the second respondent, we call upon the said authority to look into the same and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order.

4. In view of the above, the habeas corpus petition stands disposed of.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar raa/mmi/ssm To 1.The Home Secretary (Prison) Ministry of Home Department Secretariat, Fort St. George Chennai - 600 009

2.The Additional Director General of Prison and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008 3.The Superintendent of Prison, Puzhal Central Prison (Convicted Prison) - I Puzhal - 600 066.

4.The Public Prosecutor, High Court, Madras.

5. The Joint Secretary to Government.

Public (Law and Order) Fort St George, Chennai-9.

H.C.P. No. 926 of 2020 AD(CO) GMY(06/08/2020)