Sumaiya Banu v. The Secretary To Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM:

THE HONOURABLE MRS. JUSTICE J. NISHA BANU AND THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P.(Crl.)No.795 of 2025 Sumaiya Banu W/o Yaser Arafath ... 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 Prison, Coimbatore Zone, Coimbatore District.

4. The Superintendent, Central Prison, Coimbatore.

... Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus to direct the 4th respondent to grant forty days (40 days) ordinary leave to the

petitioner's husband namely Yaser Arafath S/ Jahir Hussain, convict No.22299, Live Convict Prisoner, now confined in Central Prison, Coimbatore on the basis of the petitioner.

For Petitioner : Mr.D.Krishnamoorthy For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

(The order of the Court was made by J.Nisha Banu,J.) This Writ Petition has been filed seeking for a direction to the 4th respondent to grant forty days (40 days) ordinary leave to the petitioner's husband namely Yaser Arafath S/ Jahir Hussain, convict No.22299, Life Convict Prisoner, now confined in Central Prison, Coimbatore.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. Learned counsel for the petitioner would state the petitioner has got 4 months baby and she is also having some health related issue and to mobilize funds for her treatment, the assistance of her husband is necessary. Therefore, she had sent a representation dated 03.09.2025 to the respondents requesting 40 days ordinary leave without escort to the detenu/husband but the same has not been considered so far.

4. However, the learned Additional Public Prosecutor would state

that originally 10 days leave was granted from 27.02.2025 to 08.03.2025 and thereafter, another writ petition was filed and this Court granted 11 days leave to the detenu and the said leave comes to end today by 5.30 p.m.

5. The petitioner's husband is a life convict and this Court had granted leave on two occasions, initially, for 10 days and subsequently for 11 days and today, he has to surrender before the jail authority by 5.30 p.m. Since, the petitioner's husband is a life convict, we are not inclined to consider the present petition of the petitioner. Accordingly, the Writ Petition is dismissed.

(J.NISHA BANU, J.) (S. SOUNTHAR, J.) 09-09-2025 vsi 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 Prison, Coimbatore Zone, Coimbatore District.

4. The Superintendent, Central Prison, Coimbatore.

5. The Public Prosecutor, High Court of Madras, Chennai.

J. NISHA BANU, J.

and S. SOUNTHAR, J.

vsi W.P.(Crl.)No.795 of 2025 09-09-2025