Wasib Khan v. The Deputy Inspector General Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.01.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Wasib Khan ... Petitioner Vs.
1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600 008.
2.The Superintendent of Prisons, Central Prisons-1, Puzhal, Chennai - 600 066.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records in the order No. 476717/tha.ku.2/ 2024 dated 28.11.2024 passed by respondent no.2 and quashing the same, and directing the respondents to grant ordinary leave for 30 days by without escort for the petitioner namely Wasib Khan S/o. Liaquant ali aged about 41 years convict Prisoner convict No.7807 central Prison Puzhal.
For Petitioner : Ms.S.Nadhiya For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by M.JOTHIRAMAN, J.) The rejection of the leave application by Superintendent of Prison in proceedings No. 476717/tha.ku.2/ 2024 dated 28.11.2024, is sought to be assailed in the present writ proceedings.
2. The prisoner is in actual imprisonment for about 8 years and 9 months out of 10 years sentence imposed by the Court. Leave application was rejected on the ground that conviction was imposed under NDPS Act. The conduct of the prisoner inside the prison was found to be satisfactory by the prison authorities.
3. The Probation Officer, in his report, has stated that the reasons assigned by the petitioner for grant of leave is true and he has recommended for ordinary leave to the convict prisoner.
4. In view of the favourable recommendation of the Probation Officer, we are inclined to invoke our powers under Article 226 of the Constitution of India, thereby granting required leave to the convict prisoner herein.
5. At this juncture, learned Additional Public Prosecutor submitted that the convict prisoner herein is eligible to avail only 21 days of ordinary leave.
6. Accordingly, the convict prisoner viz., Wasib Khan S/o. Liaquant ali aged about 41 years, convict Prisoner, convict No.7807, Central Prison Puzhal, is hereby granted ordinary leave for a period of 21 days, without escort commencing from 10.01.2025 on the following conditions. (i) Respondents are directed to release the Convict Prisoner viz., Wasib Khan S/o. Liaquant ali aged about 41 years, convict Prisoner, convict No.7807, Central Prison Puzhal, on Ordinary Leave for a period of 21 days i.e., from 10.01.2025 to 30.01.2025.
(ii) The Convict Prisoner shall be released on 10.01.2025 at 10.00 am and surrender before the Central Prison, Puzhal on 30.01.2025 at 05.00 p.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police, Ilayangudi Police Station, Sivangangai District twice in a week on Monday and Thursday at 10.30 a.m., during the period of leave.
(iv) 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.
7. Accordingly, the writ petition stands allowed. No Costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. [S.M.S., J.] [M.J.R., J.] 07.01.2025 Index: Yes/No Speaking/Non-speaking order gd To 1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600 008.
2.The Superintendent of Prisons, Central Prisons-1, Puzhal, Chennai - 600 066.
3.The Public Prosecutor, High Court of Madras.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
gd 07.01.2025