Nusrath Sultana v. The Secretaray To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024 CORAM :

THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Nusrath Sultana

...Petitioner/wife of the detenu

vs.

1.The Secretary to Government, Home Department, Fort St. George, Chennai-600 009.

2.The Director General of Prisons, Whannels Road, Egmore, Chennai-600 008.

3.The Chief Superintendent of Prison, Puzhal, Chennai.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to grant four days parole from 09.04.2024 to 12.04.2024 to the petitioner's husband by name Yashar Rahuman (C.T.No.10454) detained at Central Jail Puzhal, Chennai.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by C.Aravind

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The prayer in the present writ petition is for grant of parole for 4 days for the petitioner's husband viz., Yashar Rahuman, (C.T.No.10454), detained at Central Jail Puzhal, Chennai.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. Two reasons have been assigned by the petitioner seeking for grant of leave for her husband. Firstly, that the prisoner requires to be with his family during Ramzan festival, and the second reason is that he has to attend certain medical treatment for her daughter. The first reason assigned by the petitioner has become infructuous. However, for the second reason, the

Probation Officer himself has recommended that leave could be granted to the prisoner, through his report dated 14.04.2024.

4. We have taken into consideration that out of the total sentence of 1 year, the prisoner has already served 8 months and has not granted any leave. In such circumstances, the ends of justice could be secured if the petitioner's husband is granted leave for a period of six days.

5. Accordingly, there shall be a direction to the respondents to grant leave to the petitioner's husband, viz., Yashar Rahuman, (C.T.No.10454), detained at Central Jail Puzhal, Chennai, for a period of 6 days on the following terms.

i) Respondents are directed to release the Convict Prisoner viz., Yashar Rahuman, (C.T.No.10454), detained at Central Jail Puzhal, Chennai, on leave for a period of 6 days i.e., from 18.04.2024 to 23.04.2024.

(ii) The Convict Prisoner shall be released on 18.04.2024 at 10.00 am and surrender before the Superintendent of Prison, Central Prison, Puzhal, on

23.04.2024 at 05.30 p.m.

(iii) The Convict Prisoner is directed to report before the Inspector of Police, Seven Hills Police Station, Chennai, once 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.

5. The writ petition stands allowed. No costs. (M.S.R.,J.) (S.M.,J.) 15.04.2024 Note to Registry:

1.Issue order copy by 17.04.2024.

2.Upload the order copy forthwith.

Anu

Copy to:

1.The Secretary to Government, Home Department, Fort St. George, Chennai-600 009.

2.The Director General of Prisons, Whannels Road, Egmore, Chennai-600 008.

3.The Chief Superintendent of Prison, Puzhal, Chennai.

4.The Inspector of Police, Seven Hills Police Station, Chennai.

5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH,J.

AND SUNDER MOHAN,J.

Anu 15.04.2024