Madras High CourtWP/19848/2024disposed of

Meharunissha v. The State Rep By Its

2024-09-20Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice N.Senthilkumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2024 CORAM :

THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR Meharunnisha W/o Rafiyudeen ..

Petitioner v.

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 Chennai 600 066 ..

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 ordinary leave for 30 days without escort to the detenu Rafiyudeen S/o Sulthan, aged about 55 years, bearing Convict No.8759 confined at Central Prison, Puzhal.

For Petitioner ::

Ms.S.Sadhana For Respondents ::

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) This petition for issuance of a writ of mandamus has been instituted to direct the respondents to grant ordinary leave for 30 days to the convict prisoner. During the pendency of the writ petition, the respondents rejected the leave application submitted by the petitioner.

2. The learned Additional Public Prosecutor would raise an objection by stating that the prisoner was convicted by Sri Lankan Courts and therefore the authorities have rejected the application seeking leave.

3. However, it is not in dispute that the prisoner is an Indian citizen, but convicted in Sri Lanka. He is undergoing imprisonment for the past about 8 1⁄2 years. There is no adverse conduct noticed inside the prison. Considering the conduct of the prisoner and taking note of the fact that the prisoner is undergoing imprisonment for 8 1⁄2 years, we are inclined to grant

15 days ordinary leave to the prisoner Rafiyudeen S/o Sulthan, aged about 55 years, Convict No.8759, who is confined in Central Prison, Puzhal, Chennai on condition that escort is to be provided during the leave period. The leave shall commence from 10.30 a.m., on 27.09.2024 and the prisoner shall be brought back to the prison complex before 5.30 p.m., on 11.10.2024. The writ petition stands disposed of. No costs. Index : yes/no (S.M.S.,J.) (N.S.,J.) 20.09.2024 ss To

1. The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008

2. The Superintendent Central Prison, Puzhal Chennai 600 066

3. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND N.SENTHILKUMAR,J.

ss 20.09.2024