Lathiba Banu v. The Deputy Inspector General Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Lathiba Banu ... Petitioner Vs.
1.The Deputy Inspector General of Prison, Office of the Deputy Inspector of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.
2.The Superintendent of Prison, Central Prison, Madruai.
3.The Superintendent of Police, Office of the Superintendent of Police, Madurai.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorified Mandamus, to call for the records pertaining the impugned order passed by the Respondent No.1 in No.40/Vu.Tha.2/2024 dated 16.12.2024 quash the same as bad in law and further directing the Respondents to grant ordinary leave to the 1/5
period of 30 days to petitioner's husband namely Haji Ali, S/o.Mohammed Ali Jinnah, CP. No. 1807.
For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.
ORDER
(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.
2.The petitioner's husband is undergoing ten years rigorous imprisonment in Central Prison, Madurai. He was convicted for the offence under NDPS Act involving commercial quantity. The convict is not entitled to ordinary leave. The petitioner is said to be suffering from heart related ailments.
3.Considering the said fact, we direct the second respondent to grant seven days emergency leave with necessary escort. 2/5
4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Haji Ali, S/o.Mohammed Ali Jinnah, [Convict Prisoner No.1807] now detained at Central Prison, Madurai is granted emergency leave for seven (7) days from 24.01.2025 to 30.01.2025 with necessary escort.
(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 23.01.2025 and he shall return to the prison at 10.00 a.m., on 31.01.2025. (c) The concerned authority is directed to provide necessary escort to the convict from the Central Prison at the time when he leaves the prison and till such time, he returns to the prison. It is clarified that the cost involved in providing escort shall be deducted from out of the earnings of the convict.
(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. No costs.
(G.R.S. J.,) & (R.P. J.,) 22.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 23.01.2025.
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To:- 1.The Deputy Inspector General of Prison, Office of the Deputy Inspector of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.
2.The Superintendent of Prison, Central Prison, Madruai.
3.The Superintendent of Police, Office of the Superintendent of Police, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.R.SWAMINATHAN, J.
and R.POORNIMA, J.
ias 22.01.2025 5/5