Subaidha Bibi, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN in W.P.No.31416 of 2023 Subaidha Bibi
...Petitioner / mother of the detenue
vs.
1.The State represented by its The Secretary to Government of Tamilnadu, Department of Home, Fort St.George, Chennai - 600 009.
2.The Superintendent, Salem Central Prison, Salem - 636 008.
...Respondents
Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, seeking to issue an interim direction directing the respondents to grant ordinary leave for 3 months without escort to the detenue, Thajudeen @ Mohammed Hussain, S/o.Mohammed Yusuf, aged about 37 years, life
Convict No.7211 until the disposal of the representation dated 29.07.2023. For Petitioner :
Ms.K.Akshaya For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.C.Aravind
ORDER
(Order of the Court was made by M.S.RAMESH, J.) This Writ Miscellaneous Petition has been filed to direct the respondents to grant ordinary leave for 3 months without escort to the detenu, Thajudeen @ Mohammed Hussain, S/o.Mohammed Yusuf, aged about 37 years, life Convict No.7211 confined at Central Prison, Salem. 2.The grievance of the detenue in the main Writ Petition is that though he was entitled to be released prematurely, his request has not been acted upon, and hence the main Writ Petition has been filed.
3. Heard the learned counsel for the petitioner and Mr.E.Raj Thilak, the learned Additional Public Prosecutor for the respondents.
4. The learned Additional Public Prosecutor, on instructions, submitted that the request of the detenue has already been rejected by the Government. However, at present, the Government has decided to reexamine the request and place it before the competent committee for reconsideration. He also submitted that he has also preferred an appeal before the Supreme Court as against the order of conviction, which is pending.
5. Rule 22 of the Tamil Nadu Suspension of Sentence Rules, 1982 describes the eligibility for the grant of ordinary leave. As per Sub Rule 22
(2) of the Tamil Nadu Suspension of Sentence Rules, life convicts who have been sentenced for over and above 14 years would be entitled to a maximum of 40 days of ordinary leave in one spell or in two spells of any duration. In the case on hand, the petitioner has been convicted and has been undergoing a sentence for more than 20 years.
6. Likewise, Rule 20 Sub Rule 1 (i) of the Tamil Nadu Suspension of Sentence Rules provides for the grant of ordinary leave to a prisoner for making arrangements for the livelihood of his/her family for the settlement of life from the release. We are of the view that the petitioner would be entitled for grant of such ordinary relief under this provision.
7. Therefore, in exercise of our powers, we are inclined to allow this Writ Miscellaneous Petition and permit the petitioner's son / convict prisoner i.e., Thajudeen @ Mohammed Hussain, S/o.Mohammed Yusuf, aged about 37 years, bearing life Convict No.7211 confined at Central Prison, Salem, to avail ordinary leave for a period of 40 days without escort, on the following conditions.
(i) Respondents are directed to release the Convict Prisoner viz., Thajudeen @ Mohammed Hussain, S/o.Mohammed Yusuf, aged about 37 years, bearing life Convict No.7211 confined at Central Prison, Salem, on Ordinary Leave for a period of 40 days i.e., from 13.01.2024 to 21.02.2024.
(ii) The Convict Prisoner shall be released on 13.01.2024 at 10.00 am and surrender before the Superintendent of Prisons, Central Prison, Salem, on 21.02.2024 at 05.00 p.m.
(iii) The Convict Prisoner is directed to report before the Karamadai Police Station, Coimbatore, twice a week i.e., on every Monday and Thursday at 05.00 pm, during the period of leave.
(iv) During the period of leave, the Probation Officer shall furnish a report touching upon the conduct of the detenue whilst he was on leave.
(v) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.
8. With the above directions, the Writ Miscellaneous Petition stands
allowed.
List the main Writ Petition on 20.02.2024.
(M.S.R.,J.) (S.M.,J.) 11.01.2024 (2/3) Note to Registry:
1.Issue order copy by 12.01.2024.
2.Upload the order copy forthwith.
Anu
To 1.The Secretary to Government of Tamilnadu, Department of Home, Fort St.George, Chennai - 600 009.
2.The Superintendent, Salem Central Prison, Salem - 636 008.
3.The Inspector of Police, Karamadai Police Station, Coimbatore.
4. The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J
and SUNDER MOHAN, J Anu in W.P.No.31416 of 2023 11.01.2024 (2/3)