Case Note & Summary
The petitioner, S.Hema, mother of a prisoner named Sharmamoorthi, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court challenging the order dated 24.12.2024 passed by the Superintendent of Prisons, Vellore Central Prison, which rejected the prisoner's leave application. The rejection was based on the ground that the prisoner had not completed the minimum period of imprisonment as required under the Tamil Nadu Suspension of Sentence Rules. The petitioner's counsel argued that at the time of filing the application, the prisoner's wife was pregnant, and she subsequently delivered a baby on 11.01.2025. The Additional Public Prosecutor submitted a Probation Officer's report confirming the correctness of the petitioner's claim. Taking note of these facts, the court set aside the impugned order and granted the prisoner six days emergency leave with escort, commencing from 23.01.2025 at 10:30 A.M., with surrender by 5:30 P.M. on 28.01.2025. The writ petition was allowed on those terms without costs.
Headnote
A) Prison Law - Emergency Leave - Humanitarian Grounds - Tamil Nadu Suspension of Sentence Rules - The court considered whether a prisoner whose wife had delivered a baby could be granted emergency leave despite not meeting the minimum imprisonment period under the Rules. The court held that the Probation Officer's report confirmed the genuineness of the reason, and thus set aside the rejection and granted six days emergency leave with escort. (Paras 1-3)
Issue of Consideration
Whether a prisoner who has not completed the minimum period of imprisonment under the Tamil Nadu Suspension of Sentence Rules can be granted emergency leave for the birth of his child
Final Decision
The impugned order dated 24.12.2024 is set aside. The prisoner, Sharmamoorthi, S/o Parthiban, Convict No.4701 (PID No.271542), is granted six days emergency leave with escort, commencing from 23.01.2025 10:30 A.M., and shall surrender before the third respondent by 5:30 P.M. on 28.01.2025. The writ petition is allowed on the above terms. No costs.
Law Points
- Emergency leave can be granted to a prisoner for humanitarian reasons despite not completing minimum imprisonment period under Tamil Nadu Suspension of Sentence Rules
Case Details
2025 LawText (MAD) (01) 229
S.M.SUBRAMANIAM, M.JOTHIRAMAN
Mr.R.Balasubramanian (for petitioner), Mr.R.Muniyapparaj (Additional Public Prosecutor for respondents)
The Secretary to Government, Home Department; The Additional Director General of Police and Inspector General of Prisons; The Superintendent of Prisons, Vellore Central Prison
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging rejection of leave application for a prisoner
Remedy Sought
Petitioner sought quashing of the impugned order dated 24.12.2024 and direction to grant parole leave for one month to her son confined at Vellore Central Prison
Filing Reason
The prisoner's leave application was rejected on the ground that he had not completed the minimum period of imprisonment under the Tamil Nadu Suspension of Sentence Rules
Previous Decisions
The Superintendent of Prison rejected the leave application on 24.12.2024
Issues
Whether the rejection of leave application on the ground of not completing minimum imprisonment period is sustainable when the prisoner's wife delivered a baby
Submissions/Arguments
Petitioner's counsel argued that the prisoner's wife was pregnant at the time of application and delivered a baby on 11.01.2025, so the authorities ought to have considered the leave application
Additional Public Prosecutor submitted a Probation Officer's report confirming the correctness of the petitioner's claim
Ratio Decidendi
Emergency leave can be granted to a prisoner on humanitarian grounds, such as the birth of a child, even if the minimum period of imprisonment under the Tamil Nadu Suspension of Sentence Rules has not been completed, especially when the Probation Officer's report confirms the genuineness of the reason.
Judgment Excerpts
The rejection of leave application in proceeding dated 24.12.2024 is sought to be assailed in the present writ petition.
The learned counsel for petitioner would submit that during the relevant point of time when the application was filed, the wife of the prisoner was pregnant. Now she has delivered a baby on 11.01.2025.
The Probation Officer, during the course of enquiry, found that the reason stated by the petitioner is correct. A baby is born on 11.01.2025 to the prisoner's wife.
Procedural History
The prisoner's leave application was rejected by the Superintendent of Prisons on 24.12.2024. The petitioner, mother of the prisoner, filed W.P.No.657 of 2025 before the Madras High Court under Article 226 of the Constitution of India challenging the rejection. The court heard the matter and passed the order on 20.01.2025.
Acts & Sections
- Constitution of India: Article 226
- Tamil Nadu Suspension of Sentence Rules:
