Petitioner filed a writ of habeas corpus seeking parole for her husband, a life convict, for five days to attend his mother's funeral. The Court granted parole for three days with police escort on payment of expenses by the family.
Parole granted for three days (25.04.2019 to 27.04.2019) with police escort returned by 28.04.2019 before 3.00 P.M.
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 : 24.04.2019
CORAM:
THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN and
THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR
H.C.P.No.794 of 2019
A.Kala .. Petitioner
Vs.
1.The Chief Secretary
Home, Prohibition and Excise Department
Secretariat
Chennai – 600 009.
2.The Inspector of Police
Red Hills Police Station
Thiruvallur District.
3.The Superintendent of Prison
Central Prison
Puzhal, Chennai. .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, to direct the respondents to grant parole to the petitioner's husband Thiru.R.Parthiban, life convict, son of Rajendran, aged about 29 years, who is confined at Central Prison, Puzhal, Chennai for five days commencing from 23.04.2019 to 27.04.2019 and consider the representation of the petitioner dated 10.04.2019.
For Petitioner .. Mr.V.Parthiban
For Respondents.. Mr.C.Iyyappa Raj Additional Public Prosecutor ORDER
(Order of the Court was made by M.SATHYANARAYANAN, J)
The petitioner is the wife of the detenu, namely R.Parthiban, who is a life convict and according to her, her mother-in-law viz., R.Pitchaiammal, the mother of the detenu had died on 23.02.2019 and in order to participate in the
funeral/cremation of his mother, the detenu was set on parole for one day i.e., on 23.02.2019 with police escorts and he had returned back to prison on 25.02.2019. Now, the petitioner is before this Court seeking to grant parole for her husband for 5 days commencing from 23.04.2019 to 27.04.2019, to enable the petitioner to participate in the rituals/funeral ceremony of his deceased mother.
for a period of three days i.e., on 25.04.2019, 26.04.2019 and 27.04.2019. The detenu shall return to the Central Prison, Puzhal-I, Chennai on 28.04.2018 before 3.00 P.M. The respondents are directed to provide sufficient police escort to the detenue for his security and safety, during his parole. The learned counsel appearing for the petitioner, on instructions, has assured that the expenses relating to provision of escort, will be met out by the family members of the detenu.
Sd/Assistant Registrar(CS-VIII)
//True copy//
Sub Assistant Registrar
ds
To:
1.The Chief Secretary
Home, Prohibition and Excise Department
Secretariat
Chennai – 600 009.
2.The Inspector of Police
Red Hills Police Station
Thiruvallur District.
3.The Superintendent of Prison
Central Prison
Puzhal, Chennai.
4.The Public Prosecutor
High Court, Madras.
+1cc to Mr.V.Paarthiban, Advocate SR.No.39323
H.C.P.No.794 of 2019 KAN(CO) GMY(26/04/2019)
2 issues framed by the court
Whether a life convict can be granted parole to attend the funeral rites of his mother.
Whether the respondent authorities are directed to provide police escort for the detenu during parole period.
A.Kala
The Chief Secretary, Home, Prohibition and Excise Department
The Inspector of Police, Red Hills Police Station
The Superintendent of Prison, Central Prison
M.SATHYANARAYANAN
M.NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
