Case Note & Summary
The writ petition was filed by the sister of a life convict seeking a direction from the Madras High Court to grant her brother one month emergency or ordinary leave without escort to attend her son's wedding. The petitioner's brother, V.P.Pandi @ Attack Pandi, was serving a life sentence pursuant to 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 very same High Court. The petitioner had made a representation on 25.02.2025 to the prison authorities, which remained unattended, prompting the filing of the writ petition under Article 226 of the Constitution of India. The State, represented by the Additional Public Prosecutor, opposed the grant of leave by informing the Court that the convict was involved in offences of communal nature and was facing trial in two other pending cases, namely S.C.No.456 of 2016 and S.C.No.562 of 2018 before the IV Additional District Judge, Madurai. The core legal issue before the Court was the extent to which a convict prisoner could be granted leave for a family function, considering the security concerns and the pendency of other criminal proceedings. The Court, after balancing the purpose for which the leave was sought and the objections raised by the State, decided to grant a restricted leave. It directed the respondents to grant ordinary leave for one day, on 09.03.2025, with necessary police escort. The conditions imposed were that the convict be released from prison at 07.00 a.m. and must return by 05.00 p.m. on the same day; the Commissioner of Police, Madurai City was to provide escort from the time the convict left the prison until his return; the cost of such escort was to be deducted from the convict's earnings; and the convict was to abide by all conditions prescribed in the Jail Manual. The petition was disposed of with no order as to costs, and the matter was posted on 10.03.2025 for reporting compliance. The Court's decision primarily favoured the petitioner (the convict's sister) by allowing the leave, albeit with restrictions, thereby enabling the convict to attend the family ceremony.
Headnote
A) Constitution of India - Article 226 - Writ of Mandamus - Grant of Ordinary Leave to Life Convict - The sister of a life convict sought a direction to grant one month emergency or ordinary leave without escort for attending her son's marriage. The State opposed the prayer on the grounds that the convict was involved in communal offences and had two cases pending trial. Considering the purpose and the submission, the Court granted one day ordinary leave with escort, subject to conditions including that the cost of escort be deducted from the convict's prison earnings (Paras 2-5).
Issue of Consideration
Whether the life convict should be granted emergency or ordinary leave without escort for attending the petitioner's son's marriage.
Final Decision
The writ petition was disposed of with directions: ordinary leave granted for one day on 09.03.2025 with escort; convict to be released at 07.00 a.m. and return by 05.00 p.m.; escort to be provided by Commissioner of Police, Madurai City, with cost deducted from the convict's earnings; convict to abide by jail manual conditions; no order as to costs; matter posted on 10.03.2025 for compliance.
Law Points
- Legal points not extracted
- Under Article 226 of the Constitution of India
- the High Court may exercise discretion to grant ordinary leave to a convict prisoner for attending a family function
- subject to escort and conditions
- based on the facts of the case
