M.H.Vahitha Banu, v. The Director General Of Police And I.G. Of Prisons,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN and W.M.P.No.10316 of 2024 M.H.Vahitha Banu
...Petitioner/wife of the detenue
vs.
1.The Director General of Police & I.G of Prisons, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The Additional Director General of Prisons, Chennai Range, Chennai.
3.The Superintendent of Prison, Central Prison-1, Puzhal, Chennai-600 066.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records in the order dated 22.03.2024 bearing No.8088/tha.ku.2/2024
passed by the third respondent and quash the same, and direct to grant 28 days ordinary leave and release the petitioner's husband namely Zakir Hussain, S/o.Husul Abdul Khadhar, aged 55 years, Convict No.2436, Convict Prisoner, Central Prison-1, Puzhal, Chennai-66. For Petitioner :
Ms.S.Nadhiya For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.C.Aravind
ORDER
(Order of the Court was made by M.S.RAMESH, J.) This writ petition has been filed to call for records in the order dated 22.03.2024, bearing No.8088/tha.ku.2/2024, passed by the third respondent and quash the same, and direct the respondents to grant 28 days ordinary leave and release the petitioner's husband namely Zakir Hussain, S/o.Husul Abdul Khadhar, aged 55 years, Convict No.2436, Convict Prisoner, Central Prison-1, Puzhal, Chennai-66.
2. Stating that the presence of the petitioner's husband is required for making financial arrangements for the education of her last son who is
pursuing B.Com at Porur, Chennai, a representation was made by the petitioner herein seeking for grant of ordinary leave. Through the impugned order dated 22.03.2024, her representation was rejected stating that the jurisdictional police has not recommended the petitioner's case favourably.
3. The learned Additional Public Prosecutor has produced a copy of the report of the jurisdictional police dated 30.01.2024, in which, he has ratified that the petitioner's son is pursuing an undergraduate course. The only reason assigned therein for not recommending the petitioner's case is that there is a possibility of harm being caused to the prisoner from the victim's family.
4. In the said report, the Inspector of Police has also mentioned that the petitioner's husband was earlier granted ordinary leave on one occasion with escort and four occasions without escort. It has also been stated by the learned Additional Public Prosecutor that all these earlier leave were granted by the jail authorities themselves and no untoward incidents were reported while the petitioner's husband was on leave. He further stated that
the petitioner's husband would otherwise be eligible for 28 days of ordinary leave.
5. Heard the learned counsel on either side and perused the documents.
6. Though the jurisdictional police have not recommended for grant of leave, we do not endorse the reasoning adopted by them. When the Police themselves have stated that when the prisoner had earlier come out on leave on five occasions, no untoward event had happened. If that be so, we are unable to comprehend as to how suddenly the Police have jumped to such a conclusion, more particularly when no specific statement has been made with regard to any development after the prisoner had come out on bail, which may cause harm to him from the victim's family.
7. Since the Police themselves have admitted that the prisoner's son is pursuing Under Graduation course at Chennai and the reason for which the petitioner seeks for grant of leave, is for making financial arrangements for
the education of her son, we are constrained to invoke our powers under Article 226 of the Constitution of India for considering the petitioner's request for grant of leave.
8. Accordingly, the convict prisoner viz., Zakir Hussain, S/o.Husul Abdul Khadhar, aged 55 years, is hereby granted ordinary leave for a period of 28 days, without escort, commencing from 01.05.2024 on the following conditions.
(i) Respondents are directed to release the Convict Prisoner viz., Zakir Hussain, S/o.Husul Abdul Khadhar, aged 55 years, on Ordinary Leave for a period of 28 days i.e., from 01.05.2024 to 28.05.2024.
(ii) The Convict Prisoner shall be released on 01.05.2024 at 10.00 am and surrender before the Superintendent of Prison, Central Prison-1, Puzhal, Chennai, on 28.05.2024 at 05.30 p.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police, P-2, Melapalayam Police Station, Tirunelveli, twice a week i.e., on every Monday and
Thursday at 05.00 pm, during the period of leave. (iv) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.
9. With the above directions, the proceedings of the third respondent pertaining to the order made in No.8088/tha.ku.2/2024, dated 22.03.2024 is quashed and the writ petition stands allowed. Consequently, the connected miscellaneous petition is closed.
(M.S.R.,J.) (S.M.,J.) 26.04.2024 Note to Registry:
1.Issue order copy by 30.04.2024.
2.Upload the order copy forthwith.
Anu
To 1.The Director General of Police & I.G of Prisons, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The Additional Director General of Prisons, Chennai Range, Chennai.
3.The Superintendent of Prison, Central Prison-1, Puzhal, Chennai-600 066.
4.The Inspector of Police, P-2, Melapalayam Police Station, Tirunelveli.
5.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J and SUNDER MOHAN, J Anu and W.M.P.No.10316 of 2024 26.04.2024