Sumaiya Banu v. The Secretary To Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2025
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition Criminal No.465 of 2025 & WPMP.No.221 of 2025 Sumaiya Banu ... Petitioner Vs.
1.The Secretary to Government of Tamil Nadu, Department of Home, Chennai - 600 009.
2.The Director General Of Prison and Director General Of Police, Whannels Road, Ansari Estate, Egmore, Chennai.
3.The Deputy Inspector General of Police, Coimbatore Zone, Coimbatore District.
4.The Superintendent, Central Prison, Coimbatore.
... Respondents PRAYER: Writ Petition Criminal filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records made in the impugned order in No.4209/TaKu.3/2025 dated 16.05.2025 passed by the fourth respondent, quash the same and consequently, direct the respondents 1, 2 & 4 to consider the representation letter dated 11.03.2025. For Petitioner : Mr.A.Saranraj
For Respondent : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
and V.LAKSHMINARAYANAN, J.
This Writ Petition has been filed challenging the impugned order in No.4209/TaKu.3/2025 dated 16.05.2025 passed by the fourth respondent, rejecting the representation of the petitioner for grant of 60 days ordinary leave to her husband / life convict. 2.The learned counsel for the petitioner submitted that the petitioner is in the last stretch of pregnancy and she wishes to have her husband's presence during the delivery of the child and hence, the petitioner has sought for 60 days ordinary leave to her husband/ life convict. He further submitted that the life convict has undergone more than 6 years of imprisonment and therefore, sought for grant of ordinary leave.
3.The learned Additional Public Prosecutor has produced the particulars of the life convict dated 07.08.2025 and the report of the Probation Officer dated 27.03.2025 wherein the Probation Officer has also recommended the grant of 60 days ordinary leave.
4. Taking into consideration the report of the Probation Officer as well as the reasons assigned in the affidavit filed in support of this petition, we are inclined to grant 11 days of ordinary leave to the petitioner's husband/life convict, by invoking our powers under Article 226 of the Constitution of India.
5.Accordingly, the impugned order bearing No.4209/TaKu.3/2025 dated 16.05.2025 passed by the fourth respondent, is hereby quashed. Consequently, there shall be a direction to the respondent herein, to grant 11 days ordinary leave "without escort" to the petitioner's husband / life convict namely Yasar Arafath, S/o. Jahir Hussain, aged about 35 years, Convict No.22299, PID No.204162, detained at Central Prison, Coimbatore, commencing from 30.08.2025 to 09.09.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Melapalayam Police Station, daily at 10.30 A.M. After expiry of the Emergency Leave, the life convict shall surrender before the Jail Authority i.e., on 09.09.2025 before 05.30 pm. The life convict 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 direction, the Petition stands allowed.
Consequently, the connected miscellaneous petition is closed. No costs.
(M.S.R, J.) (V.L.N, J.) 22.08.2025 nl Note: Issue order copy on 29.08.2025 Index : Yes/No Speaking Order/Non-speaking Order To 1.The Secretary to Government of Tamil Nadu, Department of Home, Chennai - 600 009.
2.The Director General Of Prison and Director General Of Police, Whannels Road, Ansari Estate, Egmore, Chennai.
3.The Deputy Inspector General of Police, Coimbatore Zone, Coimbatore District.
4.The Superintendent, Central Prison, Coimbatore.
5.The Public Prosecutor, High Court, Madras
M.S. RAMESH, J.
and V.LAKSHMINARAYANAN, J.
nl 22.08.2025