Neha Sharma v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.05.2025 C O R A M THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Neha Sharma ... Petitioner -vs1. The Government of Tamil Nadu, Rep. by its Secretary to Government, Home (Prison-IV) Department, Fort St.George, Chennai-9.

2. The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai-8.

3. The Superintendent of Central Prison, Central Prison - I, Puzhal, Chennai.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for a Writ of Mandamus, directing the respondents to grant 15 days of emergency leave for the petitioner's husband Mr.Ashish Sharma No.10635 (PID.582153), S/o.Muralidhar Sharma, aged about 35 years, confined at Central Prison, Puzhal-I under Rule 6 to 13 of the Tamil Nadu Suspension of Sentence Rules, 1982 with or without Police Escort in Civil Dress in accordance with law.

For Petitioner : Mr.Ramaswamy Meyyappan 1/5

For Respondents : Mr.E.Raj Thilak Addl. Public Prosecutor *****

O R D E R

(By G.R.SWAMINATHAN,J.) This Writ Petition has been filed for a direction to the respondents to grant 15 days of emergency leave for the petitioner's husband Mr.Ashish Sharma No.10635 (PID.582153), S/o.Muralidhar Sharma, aged about 35 years, confined at Central Prison, Puzhal-I under Rule 6 to 13 of the Tamil Nadu Suspension of Sentence Rules, 1982 with or without Police Escort in Civil Dress in accordance with law.

2. Heard the learned counsel on either side and perused the material documents available on record.

3. The petitioner's husband by name Ashish Sharma is undergoing life sentence in Central Prison-I, Puzhal. The prisoner's brother as well as father are to undergo major surgeries. It is a case of organ transplantation. The surgery is likely to be conducted on 28.05.2025. Hence, 2/5

the petitioner seeks emergency leave for her husband. We find force in the said request.

4. Learned Additional Public Prosecutor submits that since the case involves travel to Uttar Pradesh, emergency leave may be granted only with escort.

5. Learned counsel for the petitioner states that the petitioner will bear the expenses for the escort and the deployment of escort personnel may be minimal, numbering two (2).

6. We direct the 3rd respondent to grant 15 days leave for the petitioner's husband Mr.Ashish Sharma No.10635 (PID.582153), S/o.Muralidhar Sharma, confined at Central Prison, Puzhal-I. The prisoner shall be released at 10:00am on 26.05.2025 with escort by deploying only two escort personnel and he shall be brought back to the Central Prison, Puzhal at 5:00pm on 10.06.2025. It is made clear that the expenses for the escort shall be borne by the petitioner.

7. The Writ Petition is allowed accordingly. No costs. 3/5

(G.R.S.J.,) (V.L.N,J.,) 21.05.2025 Index: Yes / No Internet: Yes / No Speaking Order/ Non Speaking Order ar/asi Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To:

1. The Secretary to Government, Government of Tamil Nadu, Home (Prison-IV) Department, Fort St.George, Chennai-9.

2. The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai-8.

3. The Superintendent of Central Prison, Central Prison - I, Puzhal, Chennai.

G.R.SWAMINATHAN,J., 4/5

AND V.LAKSHMINARAYANAN,J., ar/asi 21.05.2024 5/5