Shabira Banu v. The Deputy Inspector General Of Prison,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Shabira Banu ... Petitioner -vs1. The Deputy Inspector of General of Prisons 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 Central Prison, Madurai District
3. The Superintendent of Police O/o. The Superintendent of Police Madurai District ....Respondents.
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus to call for the records of impugned order passed by the second respondent in No.4559/Tha.ku.2/2025 dated 05.02.2026 and quash the same as bad in law and consequently direct the respondents herein to grant an emergency leave for a period of 10 days to the petitioner's
husband namely Ibrahimsha, S/o.Mohamed Hanifa, C.P.No.5830 who is a life convict and languishing in Madurai Central Prison. For Petitioner :
Mr.SMA.Jinnah For Respondents :
Mr.T.Senthil Kumar Additional Public Prosecutor
O R D E R
[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] The prayer in the petition is to quash the impugned order passed by the second respondent in No.4559/Tha.ku.2/2025 dated 05.02.2026 and direct the respondents herein to grant an emergency leave for a period of 10 days to the petitioner's husband namely Ibrahimsha, S/o.Mohamed Hanifa, C.P.No.5830 who is a life convict and languishing in Madurai Central Prison.
2. It is the case of the petitioner that her husband was convicted by the IV Additional Sessions Court, Madurai in S.C.No.147 of 2015 on 06.02.2019 and sentenced to undergo life imprisonment for the offence under Section 302 of IPC. Aggrieved over the same, the convict has also filed an appeal before this Court and the same was upheld. While being so, the petitioner being wife of the convict submitted representation seeking emergency leave to attend her father-in-law who is dead bed and also suffering
from cancer. However the said request was rejected by the second respondent on the ground that the convict is a habitual offence and there are two cases pending against him including offence under Section 302 of IPC.
3. A perusal of the record reveals that the petitioner's father-in-law and father of the convict is bedridden and suffering from cancer.
4. Considering the request made by the petitioner seeking emergency leave for her husband this Court is inclined to grant five days emergency leave to the convict.
5. Accordingly, the impugned order passed by the second respondent is set aside and writ petition is disposed of with the following directions:
(i) The respondents are directed to grant five days emergency leave with necessary escort to the petitioner's husband namely Ibrahimsha, S/o.Mohamed Hanifa, C.P.No.5830 who is a life convict and languishing in Madurai Central Prison from 20.02.2026 to 24.02.2026. The convict prisoner shall
be released from the prison on 20.02.2026 at 6.00 am., (ii) He shall report back to the Superintendent of Prison, Central Jail, Madurai / second respondent, by 25.02.2026 at 5.00pm.., (iii) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (iv) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.
(v) The escort charges shall be borne by the petitioner and if necessary, the same shall be adjusted from the income earned by the convict prisoner during the imprisonment period.
[G.K.I., J.] [R.P., J.] 18.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav Note: Issue order copy on 19.02.2026
To:
1. The Deputy Inspector of General of Prisons 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 Central Prison, Madurai District
3. The Superintendent of Police O/o. The Superintendent of Police Madurai District
4. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
G.K.ILANTHIRAIYAN , J.
and R.POORNIMA , J.
aav 18.02.2026