J.Mohamed Haris Vs The Superintendent of prison

Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1^st respondent vide proceedings in No.127624/Thaku.4/2026 dated 11.06.2026 and quash the same as illegal and consequently direct the 1^st respondent to grant 3 days emergency leave without police escort to the petitioner's father namely Jahaber Sathik, S/o.Haja Allavudeen, Life Convict, PID No.321781

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confined at Central Prison, Trichy for attending the serious illness of his wife namely Jasmin Farvin.

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For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.T.Lenin Kumar Counsel for State of TN (Crl.Side)

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O R D E R

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[Order of the Court was made by N.ANAND VENKATESH, J.]

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This Writ Petition has been filed challenging the proceedings of the first respondent made in No.127624/Thaku.4/2026 dated 11.06.2026 and for a consequential direction to the first respondent to grant 3 days emergency leave without Police escort to the petitioner's father, who is presently serving his sentence at Central Prison, Trichy.

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Heard the learned counsel for the petitioner and the learned

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Counsel for State of TN (Crl.Side) appearing on behalf of the respondents.

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The petitioner's father is a life convict, who is undergoing sentence at Central Prison, Trichy. The petitioner submitted a

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representation seeking for emergency leave to his father on the ground that the convict's mother is suffering from serious illness and that she requires the physical and emotional support of the convict. The first respondent, on receipt of the said representation, rejected the same on the ground that the Probation Officer submitted a report to the effect that the ground, on which the emergency leave has been sought for, is not true. Aggrieved by the same, the present Writ Petition has been filed before this Court.

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The learned Counsel for State of TN (Crl.Side), on instructions, submitted that the convict has undergone sentence of 5 years and 3 months and that earlier he was granted ordinary leave once and emergency leave twice.

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Taking into consideration the facts and circumstances of this case and considering the reason for which the emergency leave has been sought for and taking note of the fact that emergency leave and ordinary was earlier granted to the convict and nothing untoward took place, we are inclined to interfere with the proceedings of the first respondent dated 11.06.2026 and the same is hereby quashed. There shall be a direction to

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the first respondent to grant 3 days emergency leave to the convict, subject to the condition that he shall report before the third respondent Police daily

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at 5.00 PM during the entire leave period.

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