Sulaiman Hussain @ Mujeel v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 26.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Sulaiman Hussain @ Mujeel ... Petitioner Vs 1.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.

2.The Superintendent of Prison, Central Jail, Madurai.

3.The Commissioner of Police, O/o.The Commissioner of Police, Chennai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 & 2 to extent the emergency leave to the petitioner from 25.11.2024 to 05.12.2024 for the period of further 10 days to the petitioner who is a convict namely Sulaiman Hussain @ Neyas Khan @ 1/4

Abdul Rajak (PID No.299381) (C.P.No.801) by considering the petitioner's representation dated 20.11.2024. For Petitioner : Mr.SMA.Jinnah For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. The petitioner is undergoing 7 years rigorous imprisonment in Central Prison, Madurai. He is also facing prosecution in two other cases in other states that are similar in nature. The petitioner seeks emergency leave by citing his wife's condition. The petitioner has given a request for grant of emergency leave.

3. We direct the second respondent to decide on the petitioner's application within three days from the date of receipt of a copy of this order. We make it clear that pendency of appeal / SLP will not come in the way of considering the petitioner's application. Such a direction is given considering the special facts and circumstances of this case. This order cannot be cited as a precedent.

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4. The Writ Petition is disposed of accordingly. No costs. (G.R.S., J.) (R.P., J.) 26.11.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.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.

2.The Superintendent of Prison, Central Jail, Madurai.

3.The Commissioner of Police, O/o.The Commissioner of Police, Chennai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

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