Madras High Court Allows Writ of Mandamus for Emergency Leave to Convict Prisoner on Humanitarian Grounds. Prisoner Granted Six Days Leave Without Escort to Attend Ailing Mother and Mother-in-Law Based on Probation Officer's Recommendation.

High Court: Madras High Court In Favour of Accused
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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).

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Issue of Consideration

Whether the convict prisoner should be granted emergency leave to attend to his ailing mother and mother-in-law.

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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
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Case Details

2025 LawText (MAD) (01) 221

W.P.No.39599 of 2024

2025-01-20

S.M.Subramaniam, M.Jothiraman

Mrs.S.Nadhiya, Mr.R.Muniyapparaj

Kamatchi

The Deputy Inspector General of Prisons, The Superintendent of Prisons

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct prison authorities to grant emergency leave to a convict prisoner.

Remedy Sought

The petitioner, wife of the convict prisoner, sought a direction to the second respondent to grant emergency leave for 15 days to her husband.

Filing Reason

The prisoner's mother and mother-in-law were suffering from serious ailments and required his assistance for mobilization of funds and better treatment.

Issues

Whether the convict prisoner should be granted emergency leave on humanitarian grounds.

Submissions/Arguments

The petitioner's counsel submitted that the mother and mother-in-law of the prisoner are suffering serious ailments and taking treatment, and the prisoner's assistance is required for mobilization of funds and to provide better treatment. The Probation Officer found the reason correct and recommended the case.

Ratio Decidendi

Emergency leave can be granted to a convict prisoner on humanitarian grounds when the reason is verified by the Probation Officer and the court finds it appropriate to exercise its writ jurisdiction under Article 226 of the Constitution of India.

Judgment Excerpts

The Probation Officer, during the course of enquiry, found that the reason stated in the emergency leave application is correct. Considering the facts and circumstances, we are inclined to consider the present writ petition and pass the following order:-

Procedural History

The petitioner filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Madras seeking a writ of mandamus to direct the prison authorities to grant emergency leave to her husband, a convict prisoner. The court heard the counsel for the petitioner and the Additional Public Prosecutor for the respondents, and passed the order on 20.01.2025.

Acts & Sections

  • Constitution of India: Article 226
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