Madras High CourtWP(MD)/6231/2020disposed of

Uma Selvi v. The Chairman/Secretary

2020-05-20Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.6231 of 2020 Dr.Uma Selvi ... Petitioner Vs 1.The Chairman/Secretary, Tamil Nadu State Legal Services Authority, North Fort Road, High Court Campus, Chennai-600 014.

2.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home (Prison-IV) Department, Secretary, Fort St.George, Chennai-600 009.

3.The Additional Director General of Police/ Inspector General of Prison, No.1, Gandhi Irwin Salai, Egmore, Chennai-600 008.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondents to release the petitioner's husband ie., M.Chinnaraj who confined in Central Prison, Palayamkottai as a convicted prisoner on parole till the current corona pandemic scenario is solved. For Petitioner : Mr.M.Sheik Abdullah For R1 to R3 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side).

2.The petitioner's husband is presently confined in Central Prison, Palayamkottai as a convicted prisoner. The petitioner wants her husband to be released on parole. The reason for making such a request is in view of the current corona pandemic scenario. 3.The petitioner's counsel drew my attention to an order dated 17.04.2020 made in W.P.(MD)No.7486 of 2020. The Hon'ble Judge has passed the following direction:- "2.As per the direction given by the Hon'ble Supreme Court, a High Power Committee has been constituted to consider the grant of interim bail and parole to the prisoners, to avoid congestion in the prisons. Therefore, the petitioner is entitled to approach the High Power https://hcservices.ecourts.gov.in/hcservices/

Committee for grant of parole to her husband. The grounds raised by the petitioner in this writ petitioner, to relax the condition, as such cannot be entertained at this stage. Therefore, the third respondent Inspector General of Prisons, Chennai, to whom the representation dated 06.04.2020 is made, is directed to forward the same to the High Power Committee and the High Power Committee shall take a decision on the same, within a period of two weeks from the date of receipt of such representation".

4.I am of the view that the very same relief can be granted in the present case also. The petitioner had already made a representation and the same shall be considered by the High Power Committee. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) 20.05.2020 rmi To 1.The Chairman/Secretary, Tamil Nadu State Legal Services Authority, North Fort Road, High Court Campus, Chennai-600 014.

2.The Principal Secretary to Government, Home (Prison-IV) Department, Secretary, Fort St.George, Chennai-600 009.

3.The Additional Director General of Police/ Inspector General of Prison, No.1, Gandhi Irwin Salai, Egmore, Chennai-600 008.

W.P(MD)No.6231 of 2020 20.05.2020 SMA/21/05/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/