In habeas corpus proceedings, the Court granted emergency leave to a life convict from June 20 to 29, 2020, to meet his 97-year-old critically ill mother, waiving strict rule compliance due to her condition.
Emergency leave granted from 20.6.2020 to 29.6.2020 with reporting instructions; ordinary leave rejected in favor of emergency exception.
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 : 19.6.2020
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM AND
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA
H.C.P.No.452 of 2020
Pachayammal ...Petitioner Vs 1.The Deputy Inspector General Of Prison, Vellore Range, Vellore-2. 2.The Superintendent of Prison, Central Prison, Vellore-2. ...Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Habeas Corpus directing the respondents to grant 20 days ordinary leave to the petitioner’s brother namely Thepori Perumal, S/O Govindasamy, aged about 62 years, life convict Ct.No.19892, now confined at the Central Prison, Vellore. For Petitioner : Ms.S.Nadhiya For Respondents : Mrs.Prabhavathi, APP
O R D E R
(Order of the Court was made by T.S.SIVAGNANAM,J)
We have elaborately heard Ms.S.Nadhiya, learned counsel for the petitioner and Mrs.Prabhavathi, learned Additional Public Prosecutor appearing for the respondents.
Sd/-
Assistant Registrar (AD I MDU)
//True Copy//
Sub Assistant Registrar
To
1.The Deputy Inspector General Of Prison,
Vellore Range,
Vellore-2.
2.The Superintendent of Prison,
Central Prison, Vellore-2.
RS/ASR
H.C.P.No.452 of 2020
CP(CO) GN(23/06/2020)
2 issues framed by the court
Whether to grant emergency leave to a life convict given the critical health condition of his 97-year-old mother.
Whether a habeas corpus petition is maintainable when prison rules suggest entitlement to ordinary leave later in the year.
Pachayammal
The Deputy Inspector General Of Prison, Vellore Range, Vellore
The Superintendent of Prison, Central Prison, Vellore
T.S.SIVAGNANAM
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
