Allowed¶37

Neha Sharma v. the Government of Tamilnadu

Madras HC21 May 2025WP/17443/2025

Case brief

AI extract

What is this about?

Emergency leave for prisoner; Tamil Nadu Suspension of Sentence Rules, 1982, Rule 6 to 13; Article 226 writ of mandamus; Central Prison Puzhal-I; life sentence convict; organ transplantation surgery of prisoner's brother and father; travel to Uttar Pradesh; police escort limited to two personnel; escort expenses borne by petitioner (wife); release 26.05.2025, return 10.06.2025; no costs; W.P.No.17443 of 2025.

What did the court decide?

Writ petition allowed without costs: 3rd respondent directed to grant 15 days of emergency leave to Ashish Sharma (No.10635, PID 582153) with escort by two personnel; release at 10:00 am on 26.05.2025 and return to Central Prison, Puzhal at 5:00 pm on 10.06.2025; escort expenses borne by the petitioner. ¶37

Neha Sharma Vs the Government of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to grant 15 days of emergency leave to the petitioner's husband, a prisoner undergoing life sentence at Central Prison, Puzhal-I, under Rule 6 to 13 of the Tamil Nadu Suspension of Sentence Rules, 1982, with or without police escort in civil dress.

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Court's answer

This Court found force in the petitioner's request and directed the 3rd respondent (Superintendent of Central Prison, Puzhal-I) to grant 15 days leave to the petitioner's husband Ashish Sharma (No.10635, PID 582153).

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Ratio / Principle

The leave is subject to police escort limited to only two escort personnel; the prisoner shall be released at 10:00 am on 26.05.2025 and brought back to Central Prison, Puzhal at 5:00 pm on 10.06.2025.

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Key takeaways

The expenses for the escort shall be borne by the petitioner, consistent with the undertaking recorded from her counsel.ratio¶36

Detailed headnote1 paragraphs

Madras High Court (G.R. Swaminathan and V. Lakshminarayanan, JJ.) allowed a writ of mandamus under Article 226 directing the Superintendent of Central Prison-I, Puzhal to grant 15 days of emergency leave to Ashish Sharma (No.10635, PID 582153), a life convict whose brother and father were to undergo major surgeries (organ transplantation) scheduled for 28.05.2025, involving travel to Uttar Pradesh. Leave granted under Rule 6 to 13 of the Tamil Nadu Suspension of Sentence Rules, 1982, subject to police escort limited to two personnel, with the prisoner to be released at 10:00 am on 26.05.2025 and brought back at 5:00 pm on 10.06.2025, and the escort expenses borne by the petitioner. Writ petition allowed accordingly, with no costs.

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W.P.No.17443 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.05.2025

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C O R A M

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

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W.P.No.17443 of 2025

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Neha Sharma ... Petitioner

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-vs-

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The Government of Tamil Nadu, Rep. by its Secretary to Government, Home (Prison-IV) Department, Fort St.George, Chennai-9.

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The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2^nd Floor, Gandhi Irwin Road, Egmore, Chennai-8.

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The Superintendent of Central Prison, Central Prison – I, Puzhal, Chennai. ... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India for a Writ of Mandamus, directing the respondents to grant 15 days of emergency leave for the petitioner's husband Mr.Ashish Sharma No.10635 (PID.582153), S/o.Muralidhar Sharma, aged about 35 years, confined at Central Prison, Puzhal-I under Rule 6 to 13 of the Tamil Nadu Suspension of Sentence Rules, 1982 with or without Police Escort in Civil Dress in accordance with law.

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For Petitioner : Mr.Ramaswamy Meyyappan

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1/5

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

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W.P.No.17443 of 2025

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For Respondents : Mr.E.Raj Thilak Addl. Public Prosecutor

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O R D E R

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( By G.R.SWAMINATHAN,J. )

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This Writ Petition has been filed for a direction to the

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respondents to grant 15 days of emergency leave for the petitioner's husband Mr.Ashish Sharma No.10635 (PID.582153), S/o.Muralidhar Sharma, aged about 35 years, confined at Central Prison, Puzhal-I under Rule 6 to 13 of the Tamil Nadu Suspension of Sentence Rules, 1982 with or without Police Escort in Civil Dress in accordance with law.

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Heard the learned counsel on either side and perused the

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material documents available on record.

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The petitioner's husband by name Ashish Sharma is

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undergoing life sentence in Central Prison-I, Puzhal. The prisoner's brother as well as father are to undergo major surgeries. It is a case of organ transplantation. The surgery is likely to be conducted on 28.05.2025. Hence,

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2/5

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

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W.P.No.17443 of 2025

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the petitioner seeks emergency leave for her husband. We find force in the

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said request.

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Learned Additional Public Prosecutor submits that since the

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case involves travel to Uttar Pradesh, emergency leave may be granted only

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with escort.

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Learned counsel for the petitioner states that the petitioner will bear the expenses for the escort and the deployment of escort personnel may be minimal, numbering two (2).

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We direct the 3^rd respondent to grant 15 days leave for the petitioner's husband Mr.Ashish Sharma No.10635 (PID.582153), S/o.Muralidhar Sharma, confined at Central Prison, Puzhal-I. The prisoner shall be released at 10:00am on 26.05.2025 with escort by deploying only two escort personnel and he shall be brought back to the Central Prison, Puzhal at 5:00pm on 10.06.2025. It is made clear that the expenses for the escort shall be borne by the petitioner.

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The Writ Petition is allowed accordingly. No costs.

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3/5

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

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Index: Yes / No Internet: Yes / No Speaking Order/ Non Speaking Order ar/asi

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W.P.No.17443 of 2025

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(G.R.S.J.,) (V.L.N,J.,)

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21.05.2025

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Note:

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Registry is directed to forthwith upload this order in the Official Website of this Court.

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All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To:

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The Secretary to Government, Government of Tamil Nadu, Home (Prison-IV) Department, Fort St.George, Chennai-9.

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The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2^nd Floor, Gandhi Irwin Road, Egmore, Chennai-8.

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The Superintendent of Central Prison, Central Prison – I, Puzhal, Chennai.

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G.R.SWAMINATHAN,J.,

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4/5

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

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W.P.No.17443 of 2025

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AND V.LAKSHMINARAYANAN,J., ar/asi

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W.P.No.17443 of 2025

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21.05.2024

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5/5

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

Neha Sharma v. the Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

Neha Sharma v. the Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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