Mafuljan v. The Secretary To The Governement,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2025
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.(Criminal) No.732 of 2025 Mafuljan .. Petitioner Vs.
1.The Secretary to the Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009.
2.The Superintendent of Prison, Central Prison, Puzhal-I, Puzhal, Chennai-600 066.
3.The Inspector of Police (Law & Order), K-3, Aminjikarai Police Station, Chennai-600 029.
.. Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ directing the respondent Nos.1 and 2 to grant Page Nos.1/7
parole leave for the Convict Mr.Kaleemullah Sait, Male / aged 36 years, son of Abdulwahab on the basis of petitioner's representation dated 18.08.2025 and pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner :
Mr.V.Ramanareddy For Respondents :
Mr.A.Gokulakrishnan, Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned writ petition was moved by way of Lunch Motion.
2. Writ petitioner is mother of one Mr.Kaleemullah Sait, aged 36 years, son of Mr.Abdulwahab, Convict number LCT No.11094, now lodged in Central Prison, Puzhal as convict prisoner (we shall be referring to writ petitioner's son as 'Prison inmate').
3. Prison inmate was convicted vide S.C.No.02/2021 on the file of learned Sessions Judge, Mahalir Neethi Mandram, Allikulam Court, Chennai, for offences under Sections 364A read with Section 34 of IPC. To be noted, life sentence was awarded, prison inmate is serving the same and Page Nos.2/7
is therefore, a lifer. As of today, the prison inmate has served 7 months and 11 days.
4. The case of the writ petitioner is that writ petitioner has sent a 'representation dated 18.08.2025' ('said representation' for the sake of convenience) to respondents 1 and 2 seeking emergency leave for prison inmate for attending his sister Ms.A.W.Shaistha Farheen's wedding on 06.09.2025 at SSR Palace, 159/9A2, GNT Road (By-Pass), Redhills, Chennai-600 052 but the same remains unattended. Inaction of R2 qua said representation has necessitated captioned WP is writ petitioner's learned counsel's say.
5. Issue Notice.
6. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor, State of Tamil Nadu accepted notice for all the three respondents in the forenoon and after taking instructions, submitted in the afternoon that the prison inmate has not come to adverse notice of prison authorities, his confinement in the prison is thus far blemishless and on verification, the factum of Ms.A.W.Shaistha Farheen (bride) being prison inmate's blood sister and her wedding on 06.09.2025 are correct.
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7. Rule 6 of 'the Tamil Nadu Suspension of Sentence Rules, 1982' [hereinafter 'said Rules' for the sake of convenience and clarity] is an adumbration of grounds for grant of emergency leave and one of the grounds is wedding of full brother or full sister of the prisoner. The authority vested with the power to grant such emergency leave is R2 [The Superintendent of Prison, Central Prison Puzhal-I, Puzhal, Chennai]. As R2 is yet to pass orders on said representation, considering that the wedding is on 06.09.2025 (Saturday) and taking into account the fact that the prison inmate has not come to adverse notice of prison authorities, we make the following order:
(a)Three (3) days emergency leave from 05.09.2025 to 07.09.2025, both days inclusive, is granted to the prison inmate Mr.Kaleemullah Sait, son of Mr.Abdulwahab [LCT No.11094], now lodged in Central Prison, Puzhal;
(b)Three days emergency leave will be from 05.09.2025 [Friday, 10.30 a.m.] to 07.09.2025 [Sunday, 05.30 p.m.];
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(c)Emergency leave granted is with escort (to be noted, strength to be decided by R2) and the cost for the escort to be borne by writ petitioner/prison inmate; (d)Prison inmate shall surrender in the office of R2 on 07.09.2025 by dusk, i.e., by 05.30 p.m.;
(e)Prison inmate shall not utilize emergency leave for any purpose other than the one for which it has been sought.
8. Captioned Writ petition is disposed of in the aforesaid manner with the aforesaid directives. There shall be no order as to costs. (M.S.,J.) (M.S.K.,J.) 03.09.2025 Index : Yes/No vvk Note : (i) Upload forthwith (ii)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 e watermarked and will also have a QR Code.
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To 1.The Secretary to the Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009.
2.The Superintendent of Prison, Central Prison, Puzhal-I, Puzhal, Chennai-600 066.
3.The Inspector of Police (Law & Order), K-3, Aminjikarai Police Station, Chennai-600 029.
4.The Additional Public Prosecutor, Madras High Court, Chennai.
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M.SUNDAR, J., and MUMMINENI SUDHEER KUMAR, J.
vvk W.P.(Crl.)732 of 2025 03.09.2025 Page Nos.7/7