← Library
Madras High CourtWP(MD)/5219/2016disposed of

Kumar @ Palani Kumar v. The Principal Secretary

2016-03-16Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.5219 of 2016 Kumar @ Palani Kumar ... Petitioner -vs1.The Principal Secretary, Home Department, (Prisons), State of Tamil Nadu, Secretariat, Fort St.George, Chennai-600 009.

2.The Additional Director General of Police(Prisons) cum the Inspector General of Prisons, Office of ADGP (Prisons)/I.G. of Prisons, Thalamuthu Natarajar Maaligai, Egmore, Chennai.

3.The Superintendent of Prison, Madurai Central Prison, Madurai District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to give extension of 30 days, to the petitioner (C.P.No.5216) in the emergency leave granted on 12.03.2016 to attend the funerals of his father.

For Petitioner :

Mr.S.Malaikani For Respondents :

Mr.D.Muruganandam, Addl. Govt. Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondents to give extension of 30 days, to the petitioner (C.P.No.5216) in the emergency leave granted on 12.03.2016 to attend the funerals of his father.

2. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader who takes notice for the respondents.

3. It is seen that the petitioner is a life convict undergoing imprisonment and his father died on 12.03.2016, on account of which this petitioner was granted emergency leave by the Superintendent of Prison, Madurai Central Prison till 16.03.2016.

4. It is contended by the learned Counsel for the petitioner that the petitioner would have to surrender today and that he has to complete some of the ceremonies which are scheduled to be held in the next two days. He has also relied upon an order passed by this Court in W.P.(MD)No.964 of 2016.

5. Rule 34 of the Tamil Nadu Suspension of Sentence Rules, 1982 reads as follows:

34.Extension of emergency leave and procedure: If a prisoner released on emergency leave wants extension of the period, he may submit a petition for the same to the Government with a copy to the Superintendent of Prisons in good time before expiry of leave and the Government may pass such orders as they deem fit. If orders authorising the extension are not received before the expiry of his emergency leave, the prisoner shall report back to the prison. As soon as a prisoner released on emergency leave surrenders to the prison authorities, his original order or release and the bond executed by him shall become inoperative. Where a prisoner who is released on emergency leave, surrenders to the prison authorities before his petition for extension of the period of emergency leave has been sanctioned, he shall not be released after such surrender without obtaining a fresh release order from the Superintendent of Prisons."

6. This Rule very clearly states that If a prisoner who wants to extend the emergency leave, he must surrender and then seek extension of emergency leave. Further extension of emergency leave can only be given by the Government and not by the Superintendent of Prisons. Rule 34 of the Tamil Nadu Suspension of Sentence Rules, 1982 has not been considered in W.P.(MD)No.964 of 2016 by this Court. Hence, this Court cannot place reliance upon the order made in W.P.(MD)No.964 of 2016.

7. Under such circumstances, the request of the petitioner for extension of emergency leave by overlooking the provisions of Rule 34 of the Tamil Nadu Suspension of Sentence Rules, 1982 cannot be countenanced. It is open to the the petitioner to surrender and make an application to the Government and the same shall be considered sympathetically, since it is stated that at all earlier times when the petitioner was granted leave, he had returned to the prison diligently. Taking into consideration the conduct of the petitioner, the Authorities shall pass orders in accordance with law.

With the above observations, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai ssl To:

1.The Principal Secretary, Home Department, (Prisons), State of Tamil Nadu, Secretariat, Fort St.George, Chennai-600 009.

2.The Additional Director General of Police(Prisons) cum the Inspector General of Prisons, Office of ADGP (Prisons)/I.G. of Prisons, Thalamuthu Natarajar Maaligai, Egmore, Chennai.

3.The Superintendent of Prison, Madurai Central Prison, Madurai District.

+1 cc to Mr.S.Malaikani, Advocate, SR No. 14811 RG.AAL-MPA/SAR-I 16.03.2016 3P/5C W.P.(MD) No.5219 of 2016 16.03.2016