This court allowed a writ petition filed by a petitioner seeking emergency leave for her husband, a life convict, to undergo heart surgery. The court directed the respondents to grant leave for seven days with police escort.
Writ allowed; respondents directed to grant emergency leave for seven days from 12.12.2015 to 18.12.2015 with police escort.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2015 CORAM THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.37402 of 2015
A.Aruna ... Petitioner
vs. 1.The Government of Tamil Nadu, rep. by its Secretary to Government, Home (Prison IV) Department, Fort St. George, Chennai-9. 2.The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, Second Floor, Gandhi Irwin Road, Egmore, Chennai-8. 3.The Superintendent of Prisons, Central Prison-I (convict), Puzhal, Chennai-66. ... Respondents
Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second respondent to grant parole to the petitioner's husband Somu @ Somasundaram, convict prisoner No.571 now confined in Central Prison-I, Puzhal, Chennai so as to assist the petitioner to undergo necessary medical treatment including surgery on the basis of the petitioner's representation dated 6.11.2015 for a period of 25 days.
For Petitioner : Mr.G.Jeremiah For respondents : Mr.P.Sanjay Gandhi, Addl. Govt. Pleader ORDER
The petitioner has come up with the present writ petition for a mandamus, directing the second respondent to grant parole to her husband Somu @ Somasundaram, convict
prisoner No.571 now confined in Central Prison-I, Puzhal, Chennai so as to assist her to undergo necessary medical treatment including surgery on the basis of her representation dated 6.11.2015 for a period of 25 days.
(i) 1.2.2015 to 6.2.2015 : Emergency leave by the Superintendent of Prisons. (ii) 15.3.2015 to 17.3.2015 : Emergency leave by the Superintendent of Prisons. (iii)24.10.2015 & 25.10.2015 : Emergency leave by the Superintendent of Prisons.
Since the petitioner's husband had already availed 3 spells of 6+3+2 days leave in this year, he can avail one more spell of 3 days emergency leave only. Further, in the counter, it has been stated that since the petitioner's husband is facing trial in two cases, he is not eligible for leave. Thus, he sought for dismissal of the writ petition.
" 5. However, it is seen that as per Rule 36 of the Tamil Nadu Suspension of Sentence Rules, 1982, the day on which a prisoner was released and the day on which he is re-admitted, are to be counted only as days of imprisonment. This is probably due to the fact that prisoners are generally released only in the evening. The respondent has taken into account both the days as days of leave. ... "
Sd/ ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB-ASSISTANT REGISTRAR sbi To 1.The Secretary to Government, Government of Tamil Nadu, Home (Prison IV) Department, Fort St. George, Chennai-9.
2.The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, Second Floor, Gandhi Irwin Road, Egmore, Chennai-8. 3.The Superintendent of Prisons, Central Prison-I (convict), Puzhal, Chennai-66.
+1 CC to MR.G.Jeremiah Advocate. SR.NO.66420 +1 CC to Govt.Pleader. SR.NO. 66590 W.P.No.37402 of 2015 CO-SV JD 11/12/2015
2 issues framed by the court
Whether the second respondent is directed to grant emergency leave/parole to the petitioner's husband for medical treatment.
Whether the petitioner's application for leave was denied without considering the medical urgency.
A.Aruna
The Government of Tamil Nadu, rep. by its Secretary to Government, Home (Prison IV) Department
The Additional Director General of Prisons
The Superintendent of Prisons, Central Prison-I (convict), Puzhal
R.Subbiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
