Bala Krishnan v. The Home Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2023 CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Bala Krishnan ... Petitioner vs.
1. The Home Secretary, Prison Department, Saint George Fort, Chennai.
2. 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.
3. The Superintendent of Prison Central Jail, Palayamkottai, Tirunelveli District.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent Nos.1 and 2 to grant ordinary leave for the period of 40 days to invoke Section 40 of Tamil Nadu Suspension of Sentence Rules, 1982, without escort to the petitioner's son namely, Prabhakaran, C.P.No.4904 who is life convict prisoner in a murder for gain case and languishing in Palayamkottai Central Jail for the period of 8 years by considering the petitioner's representation dated 27.09.2023.
Page No.1 of 12
For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.] This order will now dispose of the captioned writ petition. 2.
This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 07.11.2023 which reads as follows:
Page No.2 of 12
Page No.3 of 12
Page No.4 of 12
Page No.5 of 12
3.
It is made clear that the aforementioned 07.11.2023 proceedings shall now be read as intergral part and parcel of this order. 4.
Today, Mr.S.M.A.Jinnah, learned counsel for petitioner and Mr.A.Thiruvadikumar, learned State Additional Public Prosecutor are before us.
5.
Learned Prosecutor adverting to paragraph 7 of the earlier proceedings, submitted that the representation dated 29.09.2023 seeking 40 days ordinary leave without escort for the petitioner's son is addressed to Home Secretary to Government and it has not reached the hands of respondents 2 and 3.
6.
To be noted, this 29.09.2023 representation as placed before us as part of the typed set of papers and it reads as follows: Page No.6 of 12
Page No.7 of 12
Page No.8 of 12
7.
In the light of the narrative thus far, we make the following order:
Page No.9 of 12
(i) Aforementioned 29.09.2023 representation shall now be considered as an application for 40 days leave without escort; (ii) Aforementioned representation shall be considered on its own merits, in accordance with law and more particularly, bearing in mind Page No.10 of 12
Akram Khan's case [adverted to in our 07.11.2023 proceedings in paragraph 5] and our entire 07.11.2023 proceedings, as expeditiously as the business of the respondents 2 and 3 would permit but in any event within three weeks from today i.e., 01.12.2023. 8.
Captioned writ petition is disposed of with the aforementioned directive. There shall be no order as to costs. (M.S., J.) (R.S.V., J.) 10.11.2023 Index : Yes / No : Yes / No bala To
1. The Home Secretary, Prison Department, Saint George Fort, Chennai.
2. 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.
Page No.11 of 12
M.SUNDAR, J.
and R.SAKTHIVEL, J.
bala
3. The Superintendent of Prison Central Jail, Palayamkottai, Tirunelveli District.
ORDER MADE IN DATED : 10.11.2023 Page No.12 of 12