Umagandhi v. The Superintendent Of Prisons
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P(MD)No.11234 of 2024 Umagandhi ... Petitioner -vsThe Superintendent of Prisons, Central Prison, Trichy District-620 020.
... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records relating to the Impugned Order passed by the respondent vide her proceedings in No.6899/ThaKu.4/2024, dated 10.05.2024 and quash the same as illegal and void, consequently direction may be issued to the respondent to grant 6 days emergency leave without escort to petitioner's husband A.K.Subbu @ Subramanian, S/o.Krishnasamy (Convict Prisoner No.23386), lodged at Central Prison, Trichy forthwith.
For Petitioner : Mr.C.Karthikeyan For Respondents :
Mr.A.Thiruvadi Kumar Additional Public Prosecutor
O R D E R
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The present Writ Petition is filed challenging the impugned order passed by the respondent, dated 10.05.2024 and quash the same as illegal and consequently to direct the respondent to grant 6 days emergency leave without escort to petitioner's husband A.K.Subbu @ Subramanian, S/o.Krishnasamy (Convict Prisoner No.23386), lodged at Central Prison, Trichy forthwith. 2.The case of the petitioner is that her husband A.K.Subbu @ Subramanian is aged about 63 years and suffering chronic Diabetic, Cardiac patient with varicose vein. Since his health condition becomes critical, the authorities admitted him in the Government K.A.P.V.Medical College Hospital, Trichy on 25.11.2023. Subsequently, he was discharged from hospital only on 08.12.2023. The doctor diagnosed him that his GSV under left knee got punctured and similarly so as the GSV of upper right leg. The petitioner made a
representation to the prison authorities to grant 30 days ordinary leave to her husband. The Deputy Inspector General of Prisons, Tiruchirappalli vide her proceedings in No.106/Mu.Vu/2024 passed rejection order. Hence, she preferred a writ petition before this Court in W.P(MD)No.9268 of 2024 and the same was dismissed on 16.04.2024. The petitioner has preferred a fresh representation on 24.04.2024 to the respondent seeking 10 days emergency leave without police escort. The respondent passed an impugned order, dated 10.05.2024 rejecting the representation of the petitioner on the ground that there is no provision for the Superintendent of Prisons to grant emergency leave to the prisoner since her husband has two pending cases. Challenging the said rejection order, the petitioner has filed the present writ petition seeking 6 days emergency leave for her husband.
3. The learned Additional Public Prosecutor appearing for the respondent would submit that the representation of the petitioner has been rejected on the ground that another case is pending for trial. He further submitted that the reasons mentioned by the prisoner seeking emergency leave is that his wife is sick and the same has been verified through the Probationary Officer and
it has found that the reason is true. He further submitted that the prisoner has completed 1 year 2 months and 5 days and he is eligible for only 6 days emergency leave.
4. Taking into consideration the request of the petitioner and also taking into sympathetic and humanitarian consideration, this Court is inclined to direct the respondent to grant ordinary leave for 6 days to the jail inmates without escort.
5. In the result, (i) The writ petition is allowed.
(ii) The impugned order dated 10.05.2024 passed by the respondent, is set aside.
(iii) The convict prisoner namely A.K.Subbu @ Subramanian, S/o.Krishnasamy (Convict Prisoner No. 23386), lodged at Central Prison, Trichy shall be granted ordinary leave for a period of six (6) days.
(iv) He shall sign before the
Inspector of Police, E.Pudur Police Station, Trichy District, daily at evening 06.30 p.m., during the leave period.
(v) He shall report back to the Superintendent of Prison, Central Prison, Trichy on completion of leave period.
(vi) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities.
(vii) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the jail manual.
(viii) No costs. Consequently, connected miscellaneous petition is closed.
[A.D.J.C., J.] [K.R.S., J.] NCC :
Yes / No 19.06.2024 Index : Yes / No
Internet : Yes / No am To:
The Superintendent of Prisons, Central Prison, Trichy District-620 020.
Copy To The Inspector of Police, E.Pudur Police Station, Trichy District.
A.D.JAGADISH CHANDIRA, J.
AND K.RAJASEKAR, J.
am 19.06.2024