Case Note & Summary
The writ petition was filed by S. Mahalakshmi, wife of life convict Saravanan, seeking to quash the rejection order dated 20.01.2025 passed by the Superintendent of Prison, Trichy Central Prison, which denied parole/leave for five days to her husband for the purpose of registering a power of attorney deed. The petitioner contended that such leave was necessary to enable the convict to deal with property for meeting the marriage expenses of his daughter. The respondent rejected the request citing that the jail rules do not permit grant of leave for registration of documents. The petitioner challenged this rejection as illegal and arbitrary before the Madurai Bench of the Madras High Court by way of the present writ petition. The court, after hearing counsel for both sides and perusing the materials, found no infirmity or illegality in the rejection order, as the jail rules indeed did not allow leave for such a purpose. Consequently, the writ petition was dismissed. However, the court observed that the dismissal would not prevent the petitioner from making a fresh representation on behalf of the convict for emergency leave to attend the daughter's marriage, which was scheduled to take place on 16.03.2025. The court directed that if such a representation is made, it shall be considered on merits and appropriate orders passed within two days. The decision underscores that while jail rules strictly circumscribed the grounds for leave, the court's order preserved the possibility of a humane consideration on the ground of a family event, without disturbing the legality of the earlier rejection. No major legal principles were enunciated, and the case turns on the application of the jail manual's provisions. No statutes or precedents were cited in the short order.
Headnote
A) Prisons - Parole and Leave - Rejection of Leave for Registration of Power of Attorney - Jail Rules - The petitioner, wife of a life convict, sought to quash a rejection order which denied leave to the convict for executing a power of attorney deed to deal with property for the daughter's marriage expenses. The jail rules did not permit leave for registration of documents. The High Court found no illegality or infirmity in the rejection and dismissed the writ petition. However, the dismissal was without prejudice to the petitioner making a fresh representation for emergency leave to attend the daughter's marriage, scheduled for 16.03.2025, and the authority was directed to pass appropriate orders on merits within two days of such representation. Held that the rejection order was not illegal and the writ petition was dismissed, but liberty was granted to apply afresh for emergency leave. (Paras 3-4).
Issue of Consideration
Whether the rejection of parole/leave to a life convict for the purpose of executing a power of attorney deed is illegal under the applicable Jail Rules, and whether a writ of certiorari lies to quash such rejection.
Final Decision
Writ petition dismissed; however, liberty granted to petitioner to make fresh representation for emergency leave to attend daughter's marriage, and the authority to pass orders on it within two days on merits.
Law Points
- Jail rules do not permit grant of leave for registration of documents
- rejection order not illegal or infirm
- dismissal of writ petition does not bar fresh representation for emergency leave on other grounds
