Case Note & Summary
The petitioner, S.Hema, mother of a prisoner named Sharmamoorthi (Convict No.4701, PID No.271542) confined at Vellore Central Prison, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 24.12.2024 passed by the Superintendent of Prisons (3rd respondent) rejecting 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 sought quashing of the impugned order and a direction to grant parole leave for one month. During the proceedings, the learned counsel for the petitioner submitted 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 learned Additional Public Prosecutor submitted a copy of the Probation Officer's report, which confirmed that the reason stated by the petitioner was correct and that a baby was born to the prisoner's wife on 11.01.2025. Taking note of these facts, the court found it appropriate to consider the writ petition. 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 a direction to surrender before the 3rd respondent by 5:30 P.M. on 28.01.2025. The writ petition was allowed on the above terms with no order as to costs.
Headnote
A) Prison Law - Emergency Leave - Humanitarian Grounds - Tamil Nadu Suspension of Sentence Rules - The court considered the rejection of leave application by the Superintendent of Prison on the ground that the prisoner had not completed the minimum period of imprisonment as per Rules. However, the court found that the prisoner's wife had delivered a baby on 11.01.2025, and the Probation Officer's report confirmed the genuineness of the reason. The court set aside the impugned order and granted six days emergency leave with escort, holding that humanitarian considerations outweigh technical eligibility requirements (Paras 1-3).
Issue of Consideration
Whether the rejection of parole leave on the ground of non-completion of minimum imprisonment period is sustainable when the prisoner's wife delivered a baby
Final Decision
The impugned order dated 24.12.2024 is set aside. The prisoner Sharmamoorthi (Convict No.4701, PID No.271542) is granted six days emergency leave with escort from 23.01.2025 10:30 A.M. to 28.01.2025 5:30 P.M. The writ petition is allowed on the above terms. No costs.
Law Points
- Emergency leave can be granted to prisoners for humanitarian reasons despite not completing minimum imprisonment period under Tamil Nadu Suspension of Sentence Rules
- Probation Officer's report is relevant for verifying grounds
