Akashsharma v. Home Secretary , Home Department (Prison)

ORDER

M.S.RAMESH, J. and

V.LAKSHMINARAYANAN, J. This writ petition has been filed to call for the records relating to the proceedings of the 3rd respondent in No.E45418Thaku.3/2024 dated

10.12.2024 and quash the same and to direct the third respondent to grant 28 days ordinary leave, without escort to the petitioner's father Rajeshsharma, S/o.Anthusharma, who is presently confined in Central prison, Vellore bearing Convict No.3289 PID No.101011.

¶2Heard the learned counsel on either side and perused the documents.

¶3The petitioner herein seeks for grant of 28 days of ordinary leave for his father, without escort, on the ground that the petitioner's mother has certain medical ailments and requires the presence of her husband to arrange funds for her medical expenses and to make arrangements for the livelihood of their family. Further, the detenue has undergone 7 years, 6 months and 3 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 13.06.2025, in which, the Probation Officer has not recommended for grant of leave as the reasons assigned by the petitioner is said to be untrue.

¶5Although the Probation Officer has not recommended for grant of leave, considering the fact that the convict prisoner has not availed leave so far, we are inclined to grant emergency leave for a period of 3 days in exercise of our powers under Article 226 of the Constitution of India, with minimum escort.

6.

Accordingly,

the impugned

Order

bearing No.E45418Thaku.3/2024 dated 10.12.2024 is quashed and the detenue viz., Rajeshsharma, S/o.Anthusharma, bearing Convict No.3289 PID No.101011, confined at Central prison, Vellore, is hereby granted emergency leave for a period of 3 days, with minimum escort, commencing from 10.00 am on 11.07.2025 to 5 pm of 13.07.2025. On expiry of the leave, the detenu shall surrender before the prison authorities. The third respondent is directed to provide minimum escort of two police constables to the convict from the Central Prison from the time he leaves the prison and till such time he is taken back to the prison.

¶7Accordingly, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [V.L.N., J]

04.07.2025 Index: Yes/No Speaking/Non-speaking order Anu Note: Issue Order Copy on 10.07.2025 Upload the order copy forthwith To

¶1Home Secretary , Home Department (prison) Secretariat, Fort St.George, Chennai-600 009

2.The Deputy Inspector General of prison Vellore, Vellore District

3.The Superintendent of Prison Vellore Central Prison, Vellore District

4.The Public Prosecutor, High Court, Madras. W.P.No.18oofo2025 M.S.RAMESH,oJ. and V.LAKSHMINARAYANAN,oJ. Anu W.P.Crl.No.18oofo2025 andoW.P.M.P.Crl.No.8oofo2025

04.07.2025 Pageo6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.07.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN W.P.Crl.No.18 of 2025 and W.P.M.P.Crl.No.8 of 2025 Akashsharma ...Petitioner/ son of the detenue Vs. 1. Home Secretary , Home Department (prison) Secretariat, Fort St.George, Chennai-600 009 2.The Deputy Inspector General of prison Vellore, Vellore District 3.The Superintendent of Prison Vellore Central Prison, Vellore District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 3rd respondent in No.E45418Thaku.3/2024 dated 10.12.2024 and quash the same and direct the third respondent to grant 28 days ordinary leave, without escort to the petitioner's father Rajeshsharma, S/o.Anthusharma, who is presently confined in Central prison, Vellore bearing Convict No.3289 PID No.101011. For Petitioner : Mr.P.M.Basil For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor