V.Sangeetha v. the State of Tamilnadu
Case brief
What is this about?
In this Habeas Corpus petition, the court was approached to grant ordinary leave to a life convict. Considering the fast-spreading pandemic in Tamil Nadu, the court held it unsafe to grant leave. The petition is closed, with liberty to file a fresh one after the pandemic ebbs.
What did the court decide?
No leave was granted; petition closed with liberty to file fresh petition post-pandemic.
What the court decided
A compact analysis
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 09.06.2020
CORAM
THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM AND
THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA
HABEAS CORPUS PETITION No.732 of 2020 (Heard through Video Conferencing)
V.Sangeetha Aged about 32 years, W/o.N.Venkatesan, Mariamman Koil Street, Adasal Village, Kolathur Post, Marakkanam Taluk, Villupuram District. .. Petitioner -vs-
1.The State of Tamil Nadu, Rep., by its Additional Chief Secretary to Government, Home (IV) Department, Fort St. George, Chennai.
2.The Inspector General of Prisons, Prisons Department, Whannels Road, Egmore, Chennai.
3.The Superintendent of Prisons, Central Prison, Cuddalore.
4.The Superintendent of Prisons, Central Prison, Puzhal. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus to direct the first respondent to grant 4 weeks ordinary leave to the petitioner's husband Mr.N.Venkatesan, (undergoing sentence as Saravanan L.C.No.13263) presently serving his sentence of life imprisonment in Central Prison, Cuddalore, currently at Central Prison, Puzhal, on special training, Chennai.
Issues for consideration
2 issues framed by the court
Whether a convict serving a life sentence who tested negative for COVID-19 should be granted ordinary leave during a pandemic.
Whether special hardship to the convict's family justifies overlooking pandemic safety concerns in a Habeas Corpus petition.
Parties & counsel
- petitioner
V.Sangeetha
- respondent
State of Tamil Nadu
- respondent
Inspector General of Prisons
- respondent
Superintendent of Prisons, Central Prison, Cuddalore
- respondent
Superintendent of Prisons, Central Prison, Puzhal
Case details
As recorded by the court registry
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