Soniagandhi v. The Home Secretary

ORDER

M.S.RAMESH, J. AND N.SENTHILKUMAR

, J.

This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 3rd respondent dated 09.12.2024 and quash the same and direct the 3rd respondent to grant 6 days emergency leave without escort to the petitioner Vekatesan S/o.Sankar (PID No.132101) confined at Central Prison, Vellore.

¶2The learned counsel for the petitioner submitted that the petitioner has sent a representation dated 21.11.2024 to the 3rd respondent seeking for a grant of 6 days emergency leave to her husband as the convict's mother is critically ill and undergoing treatment for severe heart attack, chest pain and breathing difficulty with low B.P. 70/40 mm of Hg. The same was rejected by the respondents citing the pendency of criminal appeal in Crl.A.No.1119 of 2023.

¶3Learned Additional Public Prosecutor has produced a report of the Probation Officer dated 04.01.2025, which is not in favour of the life convict and the Probation Officer has stated that the reason for which the petitioner seeks for a grant of emergency leave for her husband, is not genuine. He has stated that the convict's mother is not in a critical position.

¶4Since the reasons assigned by the Probation Officer in his report for rejecting the petitioner's representation are not acceptable, we are inclined to consider the prayer sought for in this Writ Petition.

¶5This Writ Petition stands allowed accordingly. The impugned proceedings of the 3rd respondent dated 09.12.2024 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 namely Mr.Venkatesan, S/o.Sankar, aged about 34 years, Life Convict No.4239, commencing from 20.02.2025 to 25.02.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Mathur Police Station, Krishnagiri District, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 26.02.2025 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.

¶6With the above direction, the Writ Petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. [M.S.R, J.] [N.S, J.]

06.02.2025 kas Note: Issue Order Copy on 18.02.2025 To

1.The 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

4.The Public Prosecutor High Court of Madras Chennai W.P.No.39416oofo2024 M.S.RAMESH,oJ. and N.SENTHILKUMAR,oJ. kas W.P.No.39416oofo2024 andoW.M.P.No.42681oofo2024

06.02.2025 Pageo6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.02.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.No.42681 of 2024 Soniagandhi ... Petitioner Vs. 1.The 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 dated 09.12.2024 and quash the same and direct the 3rd respondent to grant 6 days emergency leave without escort to the petitioner Vekatesan S/o.Sankar (PID No.132101) confined at Central Prison, Vellore. For Petitioner : Mr.P.M.Basil For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John