Case Note & Summary
The writ petition was filed by Shabira Banu, wife of life convict Ibrahimsha (C.P.No.5830), seeking a writ of certiorarified mandamus to quash the order dated 24.02.2025 passed by the first respondent rejecting the convict's request for ordinary leave, and for a direction to grant 30 days ordinary leave to attend his ailing father. The convict is serving a life sentence at the Central Prison, Madurai. The authorities rejected the ordinary leave application by order No.945/Thaku.2/2024, dated 24.02.2025, citing that the convict was not entitled to leave in view of a pending case and his status as a history sheeter with a life threat. The petitioner made a representation dated 14.02.2025 for ordinary leave, which was declined. During the hearing, the Division Bench comprising Dr. Justice G. Jayachandran and Justice R. Poornima requested the Additional Public Prosecutor to verify whether the convict was entitled for emergency leave under Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982, and the current health condition of his father. The Additional Public Prosecutor submitted a report indicating that the father was suffering from a serious ailment and was undergoing treatment at Velammal Medical College Hospital. Taking into consideration the father's health condition, the Court did not quash the impugned order but disposed of the writ petition with a direction to the authorities to consider any representation from the life convict or his representative for emergency leave to attend his ailing father, and if such representation was submitted, to consider the same within a limited time. The judgment thus balanced the grounds for denial of ordinary leave with the humanitarian need for emergency leave in the given circumstances.
Headnote
A) Prison Law - Leave for Life Convicts - Emergency Leave - Tamil Nadu Suspension of Sentence Rules, 1982, Rule 6 - The authorities rejected ordinary leave to a life convict on grounds of pending case and history-sheeter status, despite the request to attend an ailing father. The High Court, after obtaining a report confirming the father's serious ailment, directed that any representation for emergency leave submitted by the convict or his representative shall be considered by the authorities. Held that while ordinary leave may be properly denied on such grounds, the authorities must consider emergency leave under Rule 6 in light of the father's critical health condition (Paras 3-4).
Issue of Consideration
Whether a life convict denied ordinary leave due to pending case and history-sheeter status can be considered for emergency leave under Rule 6 of Tamil Nadu Suspension of Sentence Rules, 1982 to attend an ailing father.
Final Decision
The writ petition is disposed of with a direction to the authorities to consider any representation submitted by the life convict or his representative for emergency leave to attend his ailing father, and to consider such representation within a limited time if submitted. The impugned rejection order was not quashed.
Law Points
- Emergency leave under Rule 6 of Tamil Nadu Suspension of Sentence Rules
- 1982 may be granted to a life convict on humanitarian grounds to attend an ailing parent
- even if ordinary leave denied due to pending case and history sheeter status.
