Case Note & Summary
The petitioner, Kamatchi, wife of convict prisoner Vivek, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the Superintendent of Prisons, Central Prison, Puzhal, to grant emergency leave for 15 days to her husband. The prisoner's mother and mother-in-law were suffering from serious ailments and required his assistance for mobilizing funds and providing better treatment. The Probation Officer conducted an enquiry and found the reason stated in the emergency leave application to be correct, recommending the grant of leave. The court, considering the facts and circumstances, allowed the petition and granted emergency leave for six days without escort, from 23.01.2025 at 10:30 A.M. to 28.01.2025 at 5:30 P.M., with a condition that the prisoner must appear before the J-4 Kotturpuram Police Station on 25.01.2025 and 27.01.2025 at 10:30 A.M. The court did not elaborate on any legal principles beyond the humanitarian consideration and the recommendation of the Probation Officer.
Headnote
A) Prison Law - Emergency Leave - Grant of Emergency Leave to Convict Prisoner - Article 226 of the Constitution of India - The petitioner sought a writ of mandamus to direct the prison authorities to grant emergency leave to her husband, a convict prisoner, to attend to his ailing mother and mother-in-law. The Probation Officer recommended the leave. The court granted emergency leave for six days without escort, subject to conditions including reporting to a police station. Held that emergency leave can be granted on humanitarian grounds when the reason is verified by the Probation Officer (Paras 1-3).
Issue of Consideration
Whether the convict prisoner should be granted emergency leave to attend to his ailing mother and mother-in-law.
Final Decision
The writ petition was allowed. The prisoner, Vivek, was granted emergency leave for six days without escort, commencing from 23.01.2025 at 10:30 A.M., and shall surrender by 5:30 P.M. on 28.01.2025. The prisoner shall appear before J-4 Kotturpuram Police Station at 10:30 A.M. on 25.01.2025 and 27.01.2025. No costs.
Law Points
- Emergency leave for convict prisoners
- Writ of mandamus
- Article 226 of the Constitution of India
- Probation Officer's recommendation
