The court issued a writ of habeas corpus directing the release of two detenus on parole for seven days to attend their deceased mother's funeral, subject to security conditions and police escort.
Detenues released on parole from 17.07.2018 to 24.07.2018 with escort by two policemen in civil dress.
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
DATE : 16.07.2018
CORAM
THE HONOURABLE DR. JUSTICE S.VIMALA
AND THE HONOURABLE MRS. JUSTICE S.RAMATHILAGAM
H.C.P. NO. 1380 of 2018
J.Kamaraj .. Petitioner - Vs - 1. State of Tamil Nadu, Rep. by the Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai – 600 009.
Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of habeas corpus, to direct the respondents to grant 7 days leave under Section 31(B) of The Prisons Act to the petitioner's brothers (1) Mr.J.Gunalan, S/o.Janakiraman, aged about 48 years and (2) Mr.J.Balaji, S/o.Janakiraman, aged about 36 years, now detained under Act 14 of 1982 in Central Prisons, Puzhal, Chennai, to attend their mother's Mrs.Shyamala funeral function to be held at No.7/177, Ainthu Thalai Vaikkal, Amma Chathiram Post, Thiruvidaimaruthur, Kumbakonam Taluk.
For Petitioner : Mr.R.Rajasekaran
For Respondents: Mr. R.Prathap Kumar,
Additional Public Prosecutor
ORDER
(DELIVERED BY DR. S.VIMALA, J.)
This Habeas Corpus Petition has been filed by the elder brother of the detenus, namely, Gunalan and Balaji, seeking parole for them for a period of seven (7) days to attend the death ceremony of their mother Shyamala.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
ogy
To
1 issue framed by the court
Whether a writ of habeas corpus should be issued to grant parole to detenus to attend their mother's funeral.
2 provisions across 2 enactments
J. Kamaraj
State of Tamil Nadu
Dr. S. Vimala
S. Ramathilagam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
