Allowed

Sheikh Madar v. The Home Secretary

Madras HC8 Aug 2025WP Crl./218/2025

Case brief

AI extract

What is this about?

Father sought six days emergency prison leave for his life-convict son to visit him as he was critically unwell; authorities had rejected it on a Probation Officer's report that the reasons were not genuine. The Court quashed the rejection and granted six days' unescorted emergency leave with daily police reporting and surrender conditions.

What did the court decide?

Impugned proceedings quashed; 6 days emergency leave without escort granted to the life convict (15.08.2025–20.08.2025), with daily police reporting and surrender on 21.08.2025.

Sheikh Madar Vs The Home Secretary — Madras HC (2025) — LawSathi Research

¶1

W.P.Crl.No.218 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 08.08.2025

¶4

CORAM :

¶5

THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN

¶6

W.P.Crl.No.218 of 2025 and W.P.M.P.Crl.No.102 of 2025

Sheikh Madar

... Petitioner

Vs.

1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009

¶11

2.The Deputy Inspector General of Prison Coimbatore Zone Coimbatore

¶12

3.The Superintendent of Prison Central Prison Salem ... Respondents

¶13

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records relaing to the proceedings in No.9262/Thaku 4/2025 by the 3rd respondent dated 04.06.2025 and quash the same and direct the 3rd

¶14

Page 1 of 6

¶15

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

¶16

W.P.Crl.No.218 of 2025

¶17

respondent to grant 6 days emergency leave without escort to petitioner's son Asan Mohamed, S/o.Sheikh Madar, bearing PID No.6550, Convict No.9262, currently lodged at Central Prison, Salem.

¶18

F or Petitioner : Mr.P.M.Basil

¶19

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

¶20

ORDER

¶21

M.S.RAMESH, J. and

¶22

V.LAKSHMINARAYANAN, J.

¶23

This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, to call for the records relaing to the proceedings in No.9262/Thaku 4/2025 by the 3rd respondent dated 04.06.2025 and quash the same and direct the 3rd respondent to grant 6 days emergency leave without escort to petitioner's son Asan Mohamed, S/o.Sheikh Madar, bearing PID No.6550, Convict No.9262, currently lodged at Central Prison, Salem.

¶24

2.The learned counsel for the petitioner submitted that a

¶25

representation dated 12.04.2025 was sent to the respondents seeking for grant of 6 days emergency leave to the petitioner's son as the convict

¶26

Page 2 of 6

¶27

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

¶28

W.P.Crl.No.218 of 2025

¶29

prisoner's father is critically unwell. The same was rejected by the respondents vide impugned order dated 04.06.2025. Hence the petitioner is before this Court.

¶30

3 . Learned Additional Public Prosecutor submitted that the leave

¶31

request of the petitioner was rejected by the 3rd responent, on the ground that the report received from the Probation Officer states that the reasons given by the prisoner for the leave are not genuine.

¶32

4 . Though the representation of the petitioner was rejected vide impugned proceedings, we are inclined to grant 6 days emergency leave to the convict prisoner, since his father is critically unwell.

¶33

5. This Writ Petition stands allowed accordingly. The impugned

¶34

proceedings of the 3rd respondent in No.9262/Thaku 4/2025, dated 04.06.2025 is hereby quashed. Consequently, there shall be a direction to

¶35

the respondents herein, to grant 6 days emergency leave “without escort” to the life convict viz. Asan Mohamed, S/o. Sheikh Madar,

¶36

Page 3 of 6

¶37

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

¶38

W.P.Crl.No.218 of 2025

¶39

bearing PID No.6550, Convict No.9262, currently lodged at Central Prison, Salem, commencing from 15.08.2025 to 20.08.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Karungalpalyam Police Station, daily at 10.30 a.m. A fter expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 21.08.2025 before 10.00 a.m. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities. Consequently, connected miscellaneous petition is closed.

¶40

08.08.2025 kas

¶41

Index: Yes / No Speaking / Non Speaking Neutral Citation

¶42

Note: Issue Order Copy on 14.08.2025

¶43

Page 4 of 6

¶44

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

¶45

W.P.Crl.No.218 of 2025

¶46

¶47

1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009

¶48

2.The Deputy Inspector General of Prison Coimbatore Zone Coimbatore

¶49

3.The Superintendent of Prison Central Prison Salem

¶50

4.The Public Prosecutor High Court of Madras Chennai

¶51

Page 5 of 6

¶52

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

¶53

W.P.Crl.No.218 of 2025

¶54

M.S.RAMESH, J. and V.LAKSHMINARAYANAN, J.

¶55

kas

¶56

W.P.Crl.No.218 of 2025 and W.P.M.P.Crl.No.102 of 2025

¶57

08.08.2025

¶58

Page 6 of 6

¶59

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

Sheikh Madar v. The Home Secretary

Case brief

What is this about?

What did the court decide?

Sheikh Madar v. The Home Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kanaga.K Vs The Deputy Commissioner of Police

Yashodhamma Vs The State of Tamilnadu rep by

Thiraviyam Vs The State of Tamil Nadu, rep. by its

Raman Vs The State of Tamilnadu Rep. by the secretary to government

Balasubramani Vs The Home Secretary

A.Jothilakshmi Vs The State rep by The secretary to Govenrment