Jeyalakshmi v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Jeyalakshmi ... Petitioner Vs.

1.The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, O/o. Superintendent of Central Prison, Madurai Jail Road, Madurai District.

3.The Superintendent of Police, O/o. Superintendent of Police, Madurai District.

4.The Inspector of Police, O/o. NIBCID Police Station, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/5

respondent No.1 and 2 to grant an Emergency Leave without escort for the period of 15 days to petitioner's grandson Karthik, Son of Ayyampillai who is convict prisoner in CP No.1869 at Central Prison, Madurai by consider the petitioner's representation dated 24.12.2024. For Petitioner : Mr.K.Ramadurai For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

ORDER

(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2.The petitioner seeks emergency leave for her grandson who is undergoing ten years rigorous imprisonment in Central Prison, Madurai. The petitioner's son has suffered conviction for the offence under Narcotics Drugs and Psychotropic Substances Act, 1985. 3.Rule 6 of Tamil Nadu Suspension of Sentence Rules, 1982 reads as follows:- "Emergency leave may be granted for attending death or serious illness of father, mother, wife, husband, son, daughter, full 2/5

brother or full sister or the wedding of son, daughter, full brother or full sister of the prisoner"

4.It can be seen from the above, only to enable the prisoner to solemnize his own wedding emergency leave can be granted. The question of granting emergency leave for the purpose of engagement does not arise at all. The petitioner has no legal right to seek emergency leave for the convict.

5.This writ petition is dismissed accordingly. No costs. (G.R.S. J.,) & (R.P. J.,) 09.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

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2.The Superintendent of Prison, O/o. the Superintendent of Prison, Central Prison, Madurai.

3.The Superintendent of Police, O/o. Superintendent of Police, Madurai District.

4.The Inspector of Police, O/o. NIBCID Police Station, Madurai District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 09.01.2025 5/5