Case Note & Summary
The petitioner, Mini, wife of convict Bhaskar, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 08.12.2024 passed by the Superintendent of Coimbatore Central Prison rejecting the emergency leave application for her husband. The convict, Bhaskar, was serving imprisonment for about seven years and two months at Coimbatore Central Prison. The reason for seeking emergency leave was that his mother was sick and required his attendance. The petitioner sought quashing of the impugned order and a direction to grant 15 days emergency leave without escort. The court noted that the prisoner had no adverse conduct inside the prison and had previously availed ordinary leave from 25.03.2024 to 21.04.2024, during which he maintained good conduct outside the prison. The Probation Officer had recommended the grant of ordinary leave, finding the reason correct. Considering these facts, the court was inclined to allow the petition. The court set aside the impugned order and granted six days emergency leave without escort, commencing from 25.01.2025 at 10:30 AM, with surrender by 30.01.2025 at 5:30 PM. The prisoner was directed to appear before Aralvaimozhi Police Station, Kanyakumari District on 27.01.2025 and 29.01.2025 at 10:30 AM during the leave period. The writ petition was allowed on these terms with no costs.
Headnote
A) Prison Law - Emergency Leave - Grant of Leave - Constitution of India, Article 226 - The court considered a writ petition challenging the rejection of emergency leave for a convict to attend his sick mother. The prisoner had served seven years and two months, had no adverse conduct, and had previously availed ordinary leave with good conduct. The Probation Officer recommended leave. The court set aside the rejection and granted six days emergency leave without escort, with conditions to report to police station. (Paras 2-3)
Issue of Consideration
Whether the rejection of emergency leave application by the prison authorities was justified when the prisoner had good conduct and the reason for leave was genuine.
Final Decision
The writ petition is allowed. The impugned order dated 08.12.2024 is set aside. The prisoner Bhaskar is granted six days emergency leave without escort from 25.01.2025 10:30 AM to 30.01.2025 5:30 PM, with conditions to appear at Aralvaimozhi Police Station on 27.01.2025 and 29.01.2025 at 10:30 AM. No costs.
Law Points
- Emergency leave
- Prisoner's right to attend sick mother
- Good conduct consideration
- Probation Officer recommendation
