Lakshmi v. the Home Secretary
Case brief
What is this about?
Madras High Court, W.P.No.1837 of 2025, decided 05.02.2025 (Coram: M.S. Ramesh and N. Senthilkumar, JJ.; order by M.S. Ramesh, J.). Petitioner Lakshmi sought mandamus directing the Superintendent of Prison, Central Prison, Salem to grant her husband Mohan (Convict No.1079, PID No.185688) 6 days' emergency leave without escort. Dismissed: Rule 35 of the Tamil Nadu Suspension of Sentence Rules bars ordinary leave where a criminal case is pending trial against the prisoner, and the prisoner had already availed ordinary leave in November 2024. No costs. Keywords: emergency leave, ordinary leave, prison, convict, Tamil Nadu Suspension of Sentence Rules, Article 226, mandamus, dismissed.
What did the court decide?
Rule 35 of the Tamil Nadu Suspension of Sentence Rules creates an embargo for the jail authority to grant ordinary leave to a prisoner against whom a criminal case is pending trial.