CASE TITLE: Saranya Vs. The Deputy Inspector General of Prison, Chennai Range, Chennai and The Superintendent of Prison, Central Prison, Puzhal, Chennai.
Date of Decision: 16th June 2023
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
Citation: W.P.No.17740 of 2023
INTRODUCTION:
The Petition filed by Saranya D/o: Thiru V. Ashok kumar under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to grant 15 days ordinary leave enabling the petitioner’s father Ashok Kumar, son of Viswanathan, male, aged 63 years, convict prisoner No.9826, Central Prison, Puzhal, Chennai to attend naming ceremony of his grand child and also to take medical treatment to his ailment.
FACTS:
The Convict Thiru.V.Ashok Kumar, son of Thiru.Viswanathan, aged 63 years was trailed before the Special Court for cases under Prevention of Corruption Act, 1988, Chennai and he was acquitted by the trail court on 31.07.2013 and an Appeal was preferred by state and the Madras High Court reversed the judgement of trail court and convicted him on 24.02.2023. The convict prisoner was convicted inter-alia under Section 7 of ‘The Prevention of Corruption Act, 1988’ and sentenced to undergo six months rigorous imprisonment and a fine of Rs.5,000/- and also one year rigorous imprisonment and a fine of Rs.5,000/.
The convict prisoner is now serving sentence; that the convict prisoner’s daughter (writ petitioner) sent a representation dated 08.06.2023 to the respondents seeking 15 days ordinary leave on two grounds; that one ground is the cradle ceremony (name giving ceremony) of the petitioner’s child i.e., convict prisoner’s grand child on 15.06.2023 and the other ground is ill-health of the convict prisoner and taking native treatment for the same at home.
ISSUES:
- Can the Court grant leave to the Convict prisoners before completion of 1 year imprisonment?
- Can the court issue writ Mandamus to direct the prison authorities to leave the convict prisoner?
LEGAL ANALYSIS:
Learned Prosecutor adverted to Rules 22 and 21 of Tamil Nadu Suspension of Sentence Rules, 1982 submitted that the
sentence itself is for one year and therefore Rule 22(1)(a) is an
impediment for grant of ordinary leave.
As the lone objection of the learned Prosecutor turning on Rule 22 (1)(a) of said Rules does not cut ice with us owing to sentences added upto 18 months as alluded to supra, The Court found that this is an appropriate case to grant one week ordinary leave to the convict prisoner. We also notice that the name giving ceremony/function was held on 15.06.2023 and therefore the convict prisoner will have the benefit of being with his grand child over the week end and can also take suitable native treatment at home for his ailments.
Though Rule 22 (1) (a) of said Rules may not present a problem in the manner in which it was projected before court, it may still pose a problem as the convict prisoner has not completed one year of imprisonment.
Therefore, The court deemed it appropriate to exempt the convict prisoner from this provision by exercising our constitutional powers.
The court granted leave by imposing few conditions:
- The convict prisoner shall surrender to the prison authority i.e., Central Prison, Puzhal – I, Chennai on 26.06.2023 in the evening before dusk e., by 05.30 p.m.
- The convict prisoner shall present himself every day of leave and sign in a suitable register in the jurisdictional police station the jurisdictional police station is Thirumullaivoyal Police Station.
- The convict prisoner shall stay in his daughter’s house at No.10, Gayathri Nagar, School Street, Ayapakkam, Thiruvallur District 600 077 during the leave period.
CONCLUSION:
The Court granted leave for the convict prison by using its constitutional power and directed the prison authorities to leave him by issuing the writ of mandamus, this order will not serve as a precedent for all and every case and cases of this nature have to be dealt with on case to case basis depending on the facts and circumstances of each case. In this case the Madras High court sanctioned the leave for the convict prison by using Constitutional powers.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR
