Shanthi v. The Home Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN and W.M.P.No.16763 of 2025 Shanthi ... Petitioner Vs.
1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009.
2.The Deputy Inspector General of Prison, Coimbatore Zone, Coimbatore.
3.The Superintendent of Prison, Central Prison, Salem.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in No.360/Thaku 2/2025 by the 2nd respondent dated 16.03.2025 and quash the same and direct the 2nd respondent to grant 28 days ordinary leave without escort to the petitioner's
brother Ranjith Kumar, S/o.Mani, (PID No.28769), who is presently lodged in Central Prison, Salem.
For Petitioner : Mr.P.M.Basil For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed challenging the impugned order dated 16.03.2025, rejecting the representation of the petitioner dated 10.02.2025 on the ground that the Probation Officer in his report has stated the reason for seeking leave as not genuine and that the Superintendent of Prison did not recommend for grant of leave to the petitioner's brother/life convict.
2. The learned counsel for the petitioner submitted that the life convict's family requires his presence to mobilise funds for his wife's treatment and children's education and hence, the petitioner sought for an ordinary leave for her brother. The learned counsel further submitted that the life convict has undergone more than 14 years of imprisonment.
3. The learned Additional Public Prosecutor has produced the proforma of the life convict dated 19.06.2025, as well as the report of the Probation
Officer dated 19.02.2025. The Probation Officer in his report has stated that the reasons assigned by the petitioner for seeking leave for her brother/life convict are not true and therefore, he has not recommended to grant leave to the life convict.
4. Though the Probation Officer has not recommended to grant leave to the life convict, considering the fact that the life convict has undergone more than 14 years of imprisonment and that he is eligible to avail leave, we are inclined to grant 28 days of ordinary leave to the petitioner's brother/life convict by invoking our powers under Article 226 of the Constitution of India.
5. Accordingly, the impugned order dated 16.03.2025 passed in No.360/Thaku 2/2025 by the second respondent, is hereby quashed. Consequently, the respondents herein are directed to grant 28 days ordinary leave "without escort" to the petitioner's brother/life convict namely Ranjith Kumar, S/o.Mani, (PID No.28769), presently lodged in Central Prison, Salem, commencing from 03.07.2025 to 30.07.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Thathagapatyy Police Station, Salem District, daily at 10.30 A.M. After expiry of the
Ordinary Leave, the convict prisoner shall surrender before the Jail Authority on 30.07.2025 before 05.30 P.M. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.
6. With the above directions, this Writ Petition stands allowed. No costs. Connected miscellaneous petition is closed. [M.S.R, J.] [V.L.N, J.] 27.06.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy on 02.07.2025.
To 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009.
2.The Deputy Inspector General of Prison, Coimbatore Zone, Coimbatore.
3.The Superintendent of Prison, Central Prison, Salem.
4.The Inspector of Police, Thathagapatty Police Station, Salem District.
5.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and V. LAKSHMINARAYANAN, J.
Sni 27.06.2025