Anees Unnissha v. The Deputy Inspector General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2021
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P.No.16013 of 2021 Anees Unnissha .. Petitioner Vs.
1.
The Deputy Inspector General of Prison Prison Department Gandhi Irwin Road Egmore, Chennai-8 2.
The Superintendent of Prison Central Prison Vellore.
3.
The Commissioner of Police Greater Chennai Vepery, Chennai-7 .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing the respondents herein to consider the representation made on 24.07.2021 for one month leave to the petitioner's husband Sadiq Basha, S/o.Saleem Basha (convict prisoner No.3315). For Petitioner : Mr.R.Rajan For Respondents : Mr.R.Muniyapparaj Government Advocate (Crl. Side)
O R D E R
[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that her husband viz., Sadiq Basha is a convict prisoner (CT.No.3315) and is lodged in the Central Prison, Vellore; she gave a representation dated 24.07.2021 to the prison authorities for grant of ordinary leave https://hcservices.ecourts.gov.in/hcservices/
to her husband under the Tamil Nadu Suspension of Sentence Rules, 1982, but the same has not been considered by them; therefore, this writ petition has been filed.
2. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that a representation dated 24.07.2021 that was given by the petitioner was received by the prison authorities on 26.07.2021 and the same was considered and rejected on 26.07.2021, on the short ground that Sadiq Basha was granted 30 days leave from 27.05.2021 and that he returned to the prison on 27.06.2021. Therefore, under Rule 22(3) of the Tamil Nadu Suspension of Sentence Rules, 1982, he will not be entitled to ordinary leave once again, before the expiry of two years from 27.06.2021.
In view of the above, this writ petition is dismissed as being devoid of merits. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar gya To 1.
The Deputy Inspector General of Prison Prison Department Gandhi Irwin Road Egmore, Chennai-8 2.
The Superintendent of Prison Central Prison Vellore 3.
The Commissioner of Police Greater Chennai Vepery, Chennai-7 W.P.No.16013 of 2021 AJS(CO) HS(31/08/2021) https://hcservices.ecourts.gov.in/hcservices/