A.Asina Banu v. State By The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN A.Asina Banu ... Petitioner Vs.
1.State by: The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The Director General of Police/ Inspector General of Prisons and correctional service, Whannels Road, Egmore, Chennai - 600 008.
3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to extend the ordinary leave for 15 days by considering the representation of
the petitioner dated 02.04.2024 and release her husband Javeed Basha, S/o Saleem Basha aged 37 years, Convict Prisoner, Central Prison, Puzhal. .
For Petitioner : M/s.S.Nadhiya For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C.Aravind
ORDER
M.S.RAMESH, J.
AND SUNDER MOHAN , J.
Through an earlier order dated 21.03.2024, passed in W.P. No.6075 of 2024, we had granted 21 days of ordinary leave to the convict prisoner, namely Javeed Basha S/o.Saleem Basha, aged about 37 years, Convict No.7131, without escort, for the period between 22.03.2024 and 11.04.2024, with a condition that the convict prisoner should appear before the D3-Ice House, Police Station, Chennai, once in a week i.e., on every Monday 05.00 p.m.,
2. In the present Writ Petition, the petitioner seeks for a direction to the respondents to consider her representation dated 02.04.2024, requesting to extend the ordinary leave of her husband/convict prisoner, for
a further period of 15 days from 11.04.2024.
3. The learned Additional Public Prosecutor submitted that the convict prisoner is eligible for totally 28 days leave, out of which, he has already availed 21 days leave. Hence, he is eligible for only 7 days leave now.
4. The reason assigned by the petitioner for extension of leave to her husband is that she is pregnant and she is expected to deliver the baby in the first week of April, 2024. Further, the Doctor has stated that her delivery may be critical and her husband's presence is necessary.
5. Under Rule 22(2)(b) of the Tamil Nadu Suspension of Sentence Rules, 1982, the prisoner shall be entitled for ordinary leave for a period of 21 days during the 4th and 5th years of imprisonment and not exceeding 28 days during the rest of the term of imprisonment. In the instant case, the convict prisoner has been sentenced to undergo 10 years of imprisonment and he has been in prison for over 9 years. Therefore, in terms of Rule 22(2)(b) of the Tamil Nadu Suspension of Sentence Rules,
1982, the convict prisoner would be entitled to a total number of 28 days of ordinary leave. Since he has already been granted ordinary leave for a period of 21 days, he would still be eligible for seven more days.
6. Accordingly, the convict prisoner namely, Javeed Basha, S/o.Saleem Basha aged about 37 years, bearing Convict No.7131, is granted ordinary leave, without escort, for a further period of 7 days, commencing from 12.04.2024 to 18.04.2024. During the period of this ordinary leave, the convict prisoner shall report before before the D3-Ice House, Police Station, Chennai, once in a week i.e., on every Monday 05.00 p.m., On expiry of the ordinary leave, the convict prisoner shall surrender before the Jail Authority on 18.04.2024 by 5.30 p.m.
7. With the above directions, the Writ Petition stands partly allowed. No costs.
[M.S.R., J] [S.M., J] 05.04.2024 Index: Yes/No Tsg Issue Order Copy by 10.04.2024
To 1.State by: The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The Director General of Police/ Inspector of Prisons and correctional service, Whannels Road, Egmore, Chennai - 600 008.
3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and SUNDER MOHAN, J.
Tsg 05.04.2024