Allowed¶34

Selvi v. the Director General of Prisons

Madras HC29 Jan 2025WP/501/2025

Case brief

AI extract

What is this about?

Madras High Court, W.P.No.501 of 2025, decided 29.01.2025 (order by S.M. Subramaniam, J.): six days emergency leave with escort granted (instead of 15 days sought) to convict prisoner Saranraj, CT No.23558, Central Prison, Trichy, on a mandamus petition under Article 226 filed by his wife Selwi/Selvi; leave from 03.02.2025, surrender before Superintendent of Prison by 08.02.2025; prisoner involved in serious cases; father undergoing treatment; liberty to submit below-poverty-line certificates to prison authorities; writ petition allowed, no costs.

What did the court decide?

Six days emergency leave with escort for convict prisoner Saranraj (CT No.23558), commencing 03.02.2025 at 10.30 A.M., subject to surrender before the third respondent (Superintendent of Prison, Central Prison, Trichy) by 5.30 P.M. on 08.02.2025; no costs. ¶34

Selvi Vs the Director General of Prisons — 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, by writ of mandamus under Article 226, to grant 15 days emergency leave to the petitioner's husband Saranraj, S/o Purushothaman, a convict prisoner in Central Prison, Trichy.

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Court's answer

Six days emergency leave with escort is granted to the prisoner Saranraj, S/o Purushothaman, CT No.23558, instead of the 15 days sought.

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Ratio / Principle

The leave shall commence from 03.02.2025 at 10.30 A.M., and the prisoner shall surrender before the third respondent by 5.30 P.M. on 08.02.2025.

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Key takeaways

Because the prisoner is involved in some serious cases, the Court was inclined to grant six days emergency leave with escort rather than the requested fifteen days.ratio¶27
The prisoner's family, stated by counsel to be living below the poverty line, is at liberty to submit necessary certificates to the prison authorities for consideration.obiter¶27

Detailed headnote1 paragraphs

W.P.No.501 of 2025 (High Court of Judicature at Madras; coram: Justices S.M. Subramaniam and M. Jothiraman), decided 29.01.2025 — Petition under Article 226 of the Constitution of India by Selvi, wife of convict prisoner Saranraj, S/o Purushothaman (CT No.23558, Central Prison, Trichy, in actual imprisonment for about five years), seeking a writ of mandamus directing the prison authorities to grant 15 days emergency leave so that the prisoner could meet his father, stated to be undergoing treatment. Noting that the prisoner was involved in some serious cases, the Court granted six days emergency leave with escort, commencing 03.02.2025 at 10.30 A.M., with the prisoner to surrender before the third respondent (Superintendent of Prison, Central Prison, Trichy) by 5.30 P.M. on 08.02.2025. As counsel stated that the family lived below the poverty line, they were left at liberty to submit necessary certificates to the prison authorities for consideration. Writ petition allowed on the above terms; no costs.

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W.P.No.501 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.01.2025

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CORAM :

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THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HON'BLE MR.JUSTICE M.JOTHIRAMAN

W.P.No.501 of 2025

Selvi

W/o Saranraj

.. Petitioner

The Director General of Prisons Gandhi Irwin Road, Egmore Chennai 600 008

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The Additional Director General of Prisons Gandhi Irwin Road, Egmore Chennai 600 008

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The Superintendent of Prison Central Prison, Trichy

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.. Respondents

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Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to grant 15 days emergency leave to the petitioner's husband, Saranraj, S/o Purushothaman, aged 34 years, Convict Prisoner, Central Prison, Trichy

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For Petitioner :: Mrs.S.Nadhiya

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Page 1 of 4

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

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W.P.No.501 of 2025

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For Respondents :: Mr.R.Muniyapparaj Additional Public Prosecutor

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM,J.)

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The writ of mandamus has been instituted to direct the respondents to

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grant 15 days emergency leave to the petitioner's husband Saranraj, S/o Purushothaman, convict prisoner.

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The prisoner is in actual imprisonment for about five years. The

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reason stated in the leave application is that the father of the prisoner is undergoing treatment and the prisoner wants to meet his father. Since the prisoner is involved in some serious cases, this Court is inclined to grant six days emergency leave to the prisoner with escort. The learned counsel for petitioner would submit that the family of the prisoner is living in below poverty line. In that case, they are at liberty to submit necessary certificates to the prison authorities for consideration. Thus we are inclined to pass the following order:-

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(i) The prisoner, namely, Saranraj, S/o Purushothaman, CT No.23558 is

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Page 2 of 4

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

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W.P.No.501 of 2025

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granted six days emergency leave with escort.

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