Case Note & Summary
The writ petition was filed by the wife of a life convict seeking certiorarified mandamus to quash an order rejecting ordinary leave and to direct grant of 30 days ordinary leave to the convict to attend his ailing father. The convict, Ibrahimsha (C.P.No.5830), was undergoing life imprisonment in Central Prison, Madurai. The Deputy Inspector General of Prison had passed order dated 24.02.2025 rejecting the ordinary leave application on the grounds that the convict was a history sheeter, had a pending case, and there was a life threat for him, despite the purpose being to visit his seriously ill father. The petitioner challenged this order as bad in law. The court heard arguments from both sides. The petitioner's counsel contended that the rejection was unjustified given the father's critical health. The respondents opposed, reiterating the security concerns. During the proceedings, the court suo motu raised the question of entitlement to emergency leave under Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982. The Additional Public Prosecutor was directed to verify the medical condition of the father and submit a report. The report confirmed that the father was suffering from a very serious ailment and was undergoing treatment at Velammal Medical College Hospital. Upon considering the report, the court noted that while ordinary leave could not be granted due to the cited reasons, the life convict could be considered for emergency leave under Rule 6 on compassionate grounds. The court accordingly disposed of the writ petition without quashing the impugned order or directing ordinary leave. Instead, it directed the prison authorities to consider any representation for emergency leave received from the convict or his representative, and if such representation was submitted, to decide on it expeditiously, presumably within one week. The decision balanced the security concerns with the humanitarian need to attend an ailing parent.
Headnote
A) Prison Law – Leave to Convicts – Emergency Leave under Rule 6 – Tamil Nadu Suspension of Sentence Rules, 1982, Rule 6 – A life convict sought ordinary leave to attend his ailing father, which was rejected on grounds of pending case and life threat due to history of crime. The High Court directed the authorities to consider any representation for emergency leave under Rule 6, given the father’s serious illness. Held that emergency leave may be granted on representation despite rejection of ordinary leave. (Paras 3-4)
Issue of Consideration
Whether the rejection of ordinary leave for a life convict should be interfered with and whether the convict is entitled to emergency leave under Rule 6 of Tamil Nadu Suspension of Sentence Rules, 1982 to attend his ailing father
Final Decision
The writ petition is disposed of with a direction to the authorities to consider any representation for emergency leave under Rule 6 of Tamil Nadu Suspension of Sentence Rules, 1982, and if submitted, to consider it within a reasonable time (likely one week as indicated in the incomplete text). No order as to costs.
Law Points
- Emergency leave under Rule 6 of Tamil Nadu Suspension of Sentence Rules
- 1982 may be considered for a life convict despite rejection of ordinary leave on security grounds
- when the ground is serious illness of a parent
