Inul Arifa Bivi v. The State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.06.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Inul Arifa Bivi
...Petitioner
Vs.
1.The State represented by its, The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The Superintendent, Puzhal Central prison, Puzhal-600 066.
... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ or direction or any other writ in nature of Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the detenue, Ziaul Haque, S/o.Mohammed Iqbal aged about 35 years bearing Convict No.9927 confined at Central Prison, Puzhal.
For Petitioner : Ms.S.Sadhana For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor Assisted by Mr. Aravind, C.
O R D E R
M.S.RAMESH , J.
and SUNDER MOHAN, J.
This writ petition has been filed for issuance of a Writ of Mandamus to direct the respondents to grant ordinary leave for a period of 30 days, without escort, for her son/ detenu viz., Ziaul Haque, S/o.Mohammed Iqbal, aged about 35 years, bearing Convict No.9927, confined at Central Prison, Puzhal.
2. The petitioner is a convict prisoner, who has been convicted and sentenced to undergo 10 years of rigorous imprisonment by the I Additional Special Court under NDPS Act, Chennai in C.C. No.139 of 2019. The petitioner sought for ordinary leave on the ground that the presence of her son is required to meet her medical expenses and to make arrangements for their livelihood.
However, the said representation was not considered by the authorities and hence, the present Writ Petition.
3. The learned Additional Public Prosecutor, on instructions, submitted that in view of the provisions under the Tamil Nadu Suspension of Sentence Rule, which bars grant of parole to heinous offences, the respondents cannot consider the petitioner's request for leave. However, the Probation Officer has has recommended the grant of leave to the prisoner.
4. Learned counsel for the petitioner relied upon the judgment of the Hon'ble Supreme Court in the case of Dadu Alias Tulsidas vs. State of Maharashtra reported in (2000) 8 Supreme Court Cases 437 in support of his submission that Section 32-A of NDPS Act would not affect the powers of the authorities to grant parole. Considering the said decision, a Coordinate Bench of this Court in W.P. No.22285 of 2023, had granted leave to the convict prisoner in exercise of powers under Article 226 of the Constitution of India.
5. On a perusal of the records, we are of the view that the Probation
Officer has positively recommended for grant of leave to the prisoner, with escort, however, no reason has been assigned by him for grant of leave with escort. As such, we are inclined to grant ordinary leave for a period of 21 days, without escort subject to the usual conditions that can be imposed by the respondents and this Writ Petition is ordered on the following terms:
(1) The convict shall be released from the prison at 10.00 a.m on 27.06.2024 and he shall return back to the prison at 06.00 p.m. on 17.07.2024.
(2) During the aforesaid leave period, the convict prisoner shall report before the Inspector of Police, Elayangudi Police Station, Sivagangai District, daily at 10.30 a.m.
(M.S.R., J.) (S.M., J.) 21.06.2024 Anu Internet : Yes Index : Yes / No Note:Issue order copy on 26.06.2024 To 1.The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The Superintendent, Puzhal Central prison,
Puzhal-600 066.
3. The Inspector of Police, Elayangudi Police Station, Sivagangai District
4. The Public Prosecutor High Court, Madras.
M.S.RAMESH , J.
and SUNDER MOHAN, J.
Anu Dated: 21.06.2024