Jeenath v. The Superintendent of Prison

ORDER

M.S.RAMESH, J. and

V.LAKSHMINARAYANAN, J. This Writ Petition has been filed challenging the impugned order dated 27.06.2025 of the respondent, rejecting the representation of the petitioner for grant of 6 days emergency leave to her son / life convict, on the ground that the life convict is having a pending case.

2.The learned counsel for the petitioner submitted that to make medical arrangements for the petitioner, the petitioner has sought for 6 days emergency leave to her son / life convict. He further submitted that this court has earlier granted ordinary leave on two occasions and emergency leave on two occasions. He further submitted that the life convict has undergone more than 7 years of imprisonment and therefore, sought for grant of emergency leave.

3.The learned Additional Public Prosecutor has produced the particulars of the life convict dated 06.08.2025 and the report of the Probation Officer dated 13.08.2025. The Probation Officer in her report has stated that the reasons assigned in the representation seeking grant of leave is genuine.

¶4Though the petitioner has sought for 6 days of emergency leave, taking into consideration the last leave availed by the life convict was within one year, as well as the reasons assigned in the affidavit filed in support of this petition, we are inclined to grant 3 days of emergency leave to the petitioner's son/life convict, by invoking our powers under Article 226 of the Constitution of India.

5.Accordingly, the impugned order passed by the respondent dated 27.06.2025, is hereby quashed. Consequently, there shall be a direction to the respondent herein, to grant 3 days emergency leave "without escort" to the petitioner's son / life convict namely Rahuman s/o. Zakir Hussain aged 33 years, Convict No.5249, Convict Prisoner, Central Prison, Puzhal, commencing from 30.08.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Ennore Police Station, Chennai, daily at 10.30 A.M. After expiry of the Emergency Leave, the life convict shall surrender before the Jail Authority. The life convict shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

6.With the above direction, the Petition stands allowed. Consequently, the connected miscellaneous petition is closed. No costs. (M.S.R, J.) (V.L.N, J.)

22.08.2025 nl Note: Issue order copy on 29.08.2025 Index : Yes/No Speaking Order/Non-speaking Order To

1.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

2.The Public Prosecutor, High Court, Madras

M.S. RAMESH, J. and

V.LAKSHMINARAYANAN, J. nl

22.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.08.2025 CORAM: THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition Criminal No.368 of 2025 & WPMP.No.172 of 2025 Jeenath ... Petitioner Vs. 1.The Superintendent of Prison, Central Prison, Puzhal, Chennai. ... Respondent PRAYER: Writ Petition Criminal filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus and calling for the records of the impugned order dated 27.06.2025 passed by the respondent and quashing the same and consequently, direct the respondent to grant 6 days emergency leave by without escort to the petitioner namely petitioner's son namely Rahuman s/o. Zakir Hussain aged 33 years, Convict No.5249, Convict Prisoner, Central Prison, Puzhal. For Petitioner : Ms.S.Nadhiya For Respondent : Mr.E.Raj Thilak, Additional Public Prosecutor