Sheikh Madar v. The Home Secretary,

ORDER

M.S.RAMESH, J.

V.LAKSHMINARAYANAN, J. This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, to call for the records relaing to the proceedings in No.9262/Thaku 4/2025 by the 3rd respondent dated

04.06.2025 and quash the same and direct the 3rd respondent to grant 6 days emergency leave without escort to petitioner's son Asan Mohamed, S/o.Sheikh Madar, bearing PID No.6550, Convict No.9262, currently lodged at Central Prison, Salem.

2.The learned counsel for the petitioner submitted that a representation dated 12.04.2025 was sent to the respondents seeking for grant of 6 days emergency leave to the petitioner's son as the convict prisoner's father is critically unwell. The same was rejected by the respondents vide impugned order dated 04.06.2025. Hence the petitioner is before this Court.

¶3Learned Additional Public Prosecutor submitted that the leave request of the petitioner was rejected by the 3rd responent, on the ground that the report received from the Probation Officer states that the reasons given by the prisoner for the leave are not genuine.

¶4Though the representation of the petitioner was rejected vide impugned proceedings, we are inclined to grant 6 days emergency leave to the convict prisoner, since his father is critically unwell.

¶5This Writ Petition stands allowed accordingly. The impugned proceedings of the 3rd respondent in No.9262/Thaku 4/2025, dated

04.06.2025 is hereby quashed. Consequently, there shall be a direction to the respondents herein, to grant 6 days emergency leave "without escort" to the life convict viz. Asan Mohamed, S/o. Sheikh Madar, bearing PID No.6550, Convict No.9262, currently lodged at Central Prison, Salem, commencing from 15.08.2025 to 20.08.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Karungalpalyam Police Station, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 21.08.2025 before 10.00 a.m. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities. Consequently, connected miscellaneous petition is closed. [M.S.R, J.] [V.L.N, J.]

08.08.2025 kas Index: Yes / No Speaking / Non Speaking Note: Issue Order Copy on 14.08.2025 To

1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009

2.The Deputy Inspector General of Prison Coimbatore Zone Coimbatore

3.The Superintendent of Prison Central Prison Salem

4.The Public Prosecutor High Court of Madras Chennai W.P.Crl.No.218oofo2025 M.S.RAMESH,oJ. V.LAKSHMINARAYANAN,oJ. kas W.P.Crl.No.218oofo2025 andoW.P.M.P.Crl.No.102oofo2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.08.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S.RAMESH THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.P.M.P.Crl.No.102 of 2025 Sheikh Madar ... Petitioner Vs. 1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prison Coimbatore Zone Coimbatore 3.The Superintendent of Prison Central Prison Salem ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records relaing to the proceedings in No.9262/Thaku 4/2025 by the 3rd respondent dated 04.06.2025 and quash the same and direct the 3rd respondent to grant 6 days emergency leave without escort to petitioner's son Asan Mohamed, S/o.Sheikh Madar, bearing PID No.6550, Convict No.9262, currently lodged at Central Prison, Salem. For Petitioner : Mr.P.M.Basil For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor