Case Note & Summary
The petitioner, sister of life convict V.P.Pandi @ Attack Pandi, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the prison authorities to grant one month emergency or ordinary leave without escort to the convict to attend the marriage of her younger son. The convict was serving life imprisonment at Central Prison, Madurai, following a judgment dated 21.03.2019 in Crl.A(MD)No.274 of 2011 and Crl.R.C(MD)No.310 of 2014 passed by the Madras High Court. The convict was involved in offences of a communal nature, and additionally, two other cases were pending trial against him. The petitioner had made a representation on 25.02.2025 for leave. The Additional Public Prosecutor appearing for the respondents opposed the request, submitting that the convict was involved in communal offences and had pending trials. The court considered the submissions and the purpose for which leave was sought. Balancing the convict's need to attend a significant family event against the potential security risks posed by his criminal background and pending cases, the court found it appropriate to grant a limited leave with escort rather than the one month without escort as prayed for. The petition was disposed of with a direction to grant ordinary leave for one day, i.e., on 09.03.2025, from 7:00 a.m. to 5:00 p.m., with police escort. Conditions imposed included: the convict shall be released at 7:00 a.m. and return by 5:00 p.m.; the Commissioner of Police, Madurai City, is to provide necessary escort from the prison and back; the cost of escort shall be deducted from the convict's earnings; and the convict shall abide by all conditions prescribed in the Jail Manual. The matter was posted on 10.03.2025 for reporting compliance. The court thus partially allowed the writ petition, tailoring relief to accommodate family obligations while addressing security apprehensions.
Headnote
A) Criminal Procedure - Prisoner's Leave - Grant of ordinary leave to life convict for family function - Constitution of India, Article 226 - The petitioner, sister of the life convict, sought one month leave without escort for the convict to attend her son's marriage. The state opposed, citing the convict's involvement in communal nature offences and two pending trials. The court, balancing the individual's need with security concerns, directed grant of ordinary leave for one day with police escort, cost to be borne by the convict, and compliance with Jail Manual. Held that limited leave with conditions is appropriate under Article 226. (Paras 1-5)
Issue of Consideration
Whether a life convict involved in communal offences and with pending trials should be granted emergency or ordinary leave to attend his nephew’s marriage.
Final Decision
The petition was disposed of with a direction to grant ordinary leave for one day on 09.03.2025 with escort, subject to conditions: convict released at 7 a.m. and must return by 5 p.m., with police escort, costs borne by convict from his earnings, and compliance with Jail Manual.
Law Points
- Legal points not extracted
- Discretionary grant of ordinary leave to convict for attending family function
- balancing individual rights with public safety
- conditions of leave including escort and cost deduction
- compliance with Jail Manual
- Article 226 of Constitution
