Allowed

Silmiya Fathima v. The Deputy Inspector General of Prison

Madras HC19 Dec 2024WP(MD)/31125/2024

Case brief

AI extract

What is this about?

The Madurai Bench granted emergency leave to a convict husband for seven days to attend his wife's daughter's engagement ceremony, imposing conditions of double civil escort and cost borne by the petitioner, despite the State's strong opposition.

What did the court decide?

Emergency leave granted from 22.12.2024 (07:00 am) to 25.12.2024 (12:00 noon) with double civil escort at petitioner's cost.

Silmiya Fathima Vs The Deputy Inspector General of… — Service and Employment | Madras HC (2024)

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W.P(MD)No.31125 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA

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W.P(MD)No.31125 of 2024

Silmiya Fathima

... Petitioner

Vs.

1.The Deputy Inspector General of Prison,

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O/o.The Deputy Inspector General of Prison and Correctional Services,

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Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

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2.The Superintendent of Prison, Central Jail, Madurai.

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3.The Commissioner of Police, O/o.The Commissioner of Police, Chennai District.

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... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent Nos.1 and 2 to grant the emergency leave to petitioner's husband who is a convict namely Sulaiman Hussain @ Neyas Khan @ Abdul Rajak (PID.No. 299381)(C.P.No.801) by considering petitioner's representation dated 15.12.2024.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.31125 of 2024

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For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

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ORDER

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(Order of the court was delivered by G.R.Swaminathan, J.)

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Heard both sides.

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2.The petitioner's husband is undergoing seven years rigorous

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imprisonment in Central Prison, Madurai in connection with a cheating case. He is also facing cases in other States apart from another pending case in the State of Tamil Nadu. The petitioner's medical condition is truly bad. The petitioner has arranged betrothal / engagement function for her daughter. The petitioner, therefore, wants her husband to be present on the occasion. We can understand the petitioner's sentiments. Even though, the learned Additional Public Prosecutor had expressed his strong opposition, we direct the second respondent to grant emergency leave to the convict. This shall be with double escort. The convict shall step out of the Central Prison, Madurai at 07.00 am on 22.12.2024 and return to the prison on 25.12.2024 by noon. The convict shall be accompanied by double escort, who will be in civil dresses. The petitioner shall bear the cost of providing escorts.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.31125 of 2024

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4.The writ petition is allowed on the following conditions:-

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(a)The convict-prisoner, Sulaiman Hussain @ Neyas Khan @ Abdul Rajak, S/o.Abdul Miyar, [Convict Prisoner No.801] now detained at Central Prison, Madurai is granted emergency leave from 22.12.2024 at 07.00 am to 25.12.2024 by noon with double escort.

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(b) The convict prisoner shall be released from the prison at 07.00 am on 22.12.2024 and he shall return to the prison at 12.00 noon, on 25.12.2024.

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(c) The Commissioner of Police, Madurai City is directed to provide double escort to the convict from the Central Prison at the time when he leaves the prison and till such time, he returns to the prison. The petitioner shall bear the cost of providing escorts.

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(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. No costs.

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(G.R.S. J.,) & (R.P. J.,) 19.12.2024

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 20.12.2024.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.31125 of 2024

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To:-

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1.The Deputy Inspector General of Prison,

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O/o.The Deputy Inspector General of Prison and Correctional Services,

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Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

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2.The Superintendent of Prison, Central Jail, Madurai.

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3.The Commissioner of Police, O/o.The Commissioner of Police, Chennai District.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Copy to:

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The Commissioner of Police, Madurai City.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.31125 of 2024

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G.R.SWAMINATHAN, J. and R.POORNIMA, J.

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ias

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W.P(MD)No.31125 of 2024

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19.12.2024

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https://www.mhc.tn.gov.in/judis

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Silmiya Fathima v. The Deputy Inspector General of Prison

Case brief

What is this about?

What did the court decide?

Silmiya Fathima v. The Deputy Inspector General of Prison

Case brief

What is this about?

What did the court decide?

What the court decided

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