Disposed

Shabira Banu v. The Deputy Inspector General of Prison

Madras HC25 Mar 2025WP(MD)/5637/2025

Case brief

AI extract

What is this about?

The Madurai Bench considered a Writ Petition challenging the denial of ordinary leave to a life convict. The Court noted the convict's father's serious ailment and directed authorities to consider emergency leave applications under Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982, within five days if such a representation is received.

What did the court decide?

Direction to consider application for emergency leave for a life convict for attending to his ailing father within five days if representation is submitted.

Shabira Banu Vs The Deputy Inspector General… — Pension and Retirement Benefits | Madras HC (2025)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25 .03.2025

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CORAM:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA

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W.P(MD)No.5637 of 2025

Shabira Banu

... Petitioner

.Vs.

1.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison and Correctional Services,

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

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2.The Superintendent of Prison, Office of the Superintendent of Prison, Central Prison, Madurai.

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3.The Superintendent of Police, Office of the Superintendent of Police Madurai. ... 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 Certiorarified Mandamus calling for the records pertaining to the impugned 1/6

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

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order in No.945/Thaku.2/2024, dated 24.02.2025 and to quash the same as bad in law and further to direct the first respondent to grant ordinary leave for a period of 30 days, who is a life convict namely, Ibrahimsha, C.P.No.5830 by considering the Petitioner’s representation, dated 14.2.2025.

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For Petitioner : Mr.S.M.A.Jinnah For R1 to R3 : Mr.A.Thiruvadi Kumar Addl.Public Prosecutor

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O R D E R

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DR.G.JAYACHANDRAN., J AND R.POORNIMA.,J

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The Writ Petition is filed seeking issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order in No.945/Thaku.2/2024, dated 24.02.2025 and to quash the same as bad in law and further to direct the first respondent to grant ordinary leave for a period of 30 days, who is a life convict namely, Ibrahimsha, C.P.No.5830 by considering the Petitioner’s representation, dated 14.02.2025.

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2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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

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3.The Petition for ordinary leave to the life convict, declined by the authorities on the ground that he is not entitled for the leave in view of the pending case, since he being a history sheeter, there is life threat for him, even though the reason for ordinary leave is to attend his ailing father. This Court, therefore, requested the learned Additional Public Prosecutor to verify whether the life convict is entitled for emergency leave under Rule 6 of Tamil Nadu Suspension of Sentence Rules, 1982 and if so, the present health condition of the life convict’s father for consideration of emergency leave. Accordingly, the learned Additional Public Prosecutor has submitted a report which indicates that the father of the life convict is suffering from very serious ailment and taking treatment at Velammal Medicial College Hospital.

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4.Taking into consideration the health condition of the life convict’s father, this Court is inclined to dispose of the Writ Petition with a direction to the authorities to consider if any representation received from the life convict or his representative for emergency leave to attend his ailing father and if such representation is submitted, the same may be considered within a period of five days from the date of receipt of such representation.

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

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It is made clear that to protect the life convict from any external threat, he may be provided with adquate police escort.

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5.With the above directions, the Writ Petition stands disposed of.

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[G.J.,J.] [R.P.,J.] 25.03.2025

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NCS : Yes/No Index : Yes / No Internet : Yes / No vsn

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1.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison and Correctional Services, Madurai Range,Madurai Central Prison Campus, New Nail Road,Madurai.

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2.The Superintendent of Prison, Office of the Superintendent of Prison, Central Prison, Madurai.

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3.The Superintendent of Police,

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

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Office of the Superintendent of Police Madurai.

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5/6

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

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DR.G.JAYACHANDRAN, J. and R.POORNIMA ,J.

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vsn

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ORDER MADE IN W.P(MD)No.5637 of 2025

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25.03.2025

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

Shabira Banu v. The Deputy Inspector General of Prison

Case brief

What is this about?

What did the court decide?

Shabira Banu 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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