Radha Krishnan v. The Home Secretary (Prison)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.09.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MS.JUSTICE R.N.MANJULA H.C.P.NO.964 OF 2020 Radha Krishnan ... Petitioner Vs.

1.The Home Secretary (Prison) Home Department Secretariat, Fort St. George Chennai 2.The Additional Director General of Prison (ADGP) O/o.The ADGP, Gandhi Irwin Road CMDA Building, Egmore Chennai-8 3.The Superintendent of Prison Salem Central Prison Hasthampatti 636 007 ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the respondents to grant ordinary leave for a period of one month without escort to the petitioner viz., D.Radha Krishnan, aged 45 years, S/o.Duraisamy, Life Convict Prisoner (CT.No.0631), confined at the Central Prison, Salem for the purpose of making arrangements of medical treatment of his wife and to partition and sell the ancestral property for managing his daughter's study expenses.

For Petitioner : Mr.M.Mohamed Saifulla For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the respondent to grant ordinary leave for a month without escort to https://hcservices.ecourts.gov.in/hcservices/

the petitioner viz., D.Radha Krishnan, aged 45 years, S/o.Duraisamy, Life Convict Prisoner (CT.No.0631), who is confined in the Central Prison, Salem.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that a public interest litigation in H.C.P.(MD).No.365 of 2018 with regard to giving certain reliefs to prisoners, is under consideration before a Full Bench and if any directions are issued by the said Full Bench, the authorities will have to comprehensively amend the prison rules.

Recording the above submissions of the learned Additional Public Prosecutor, this petition is closed.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar gya To

1. The Home Secretary (Prison) Home Department Secretariat, Fort St. George Chennai.

2. The Additional Director General of Prison (ADGP) O/o.The ADGP, Gandhi Irwin Road CMDA Building, Egmore Chennai-8.

3. The Superintendent of Prison Salem Central Prison Hasthampatti 636 007.

4. The Public Prosecutor High Court, Madras.

5. The Joint Secretary to Government Public (L & O), Fort St.George, Chennai - 1.

H.C.P.No.964 of 2020 SV-I(CO) RLP(26/10/2021) https://hcservices.ecourts.gov.in/hcservices/