Case Note & Summary
The petitioner, Shiyam, son of Pasupathi, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court challenging the order dated 26.11.2024 passed by the Superintendent of Coimbatore Central Prison (third respondent) rejecting the emergency leave application for his father, Pasupathi, a convict aged about 65 years, Convict No.24098, detained at Central Prison, Coimbatore. The petitioner sought quashing of the impugned order and a direction to grant emergency leave for 15 days without escort. The court noted that the Probation Officer had recommended the case for grant of emergency leave and the reason stated in the application was found to be correct. Consequently, the court set aside the impugned order and granted six days emergency leave without escort, commencing from 31.01.2025 at 10.30 A.M., with surrender by 5.30 P.M. on 05.02.2025. The convict was also directed to appear before the Velayuthampalayam Police Station, Karur District on 02.02.2025 and 04.02.2025 at 11.00 A.M. during the leave period. The writ petition was allowed on the above terms with no costs.
Headnote
A) Prison Law - Emergency Leave - Grant of Leave - The court considered the rejection of emergency leave for a convict and set aside the impugned order, granting six days emergency leave without escort based on a favorable probation officer report and correct reason stated in the application. (Paras 2-3)
Issue of Consideration
Whether the rejection of emergency leave application by the prison authorities was justified.
Final Decision
The impugned order dated 26.11.2024 is set aside. The prisoner Pasupathi is granted six days emergency leave without escort from 31.01.2025 10.30 A.M. to 05.02.2025 5.30 P.M., with conditions to appear at Velayuthampalayam Police Station on 02.02.2025 and 04.02.2025 at 11.00 A.M. The writ petition is allowed on the above terms. No costs.
Law Points
- Emergency leave
- Prison leave
- Probation officer report
- Article 226
