J. Sahaya Kalaiarasi W/O. Edwinson Vs. the Superintendent, Central Prison, Tirunelveli District and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/933955
CourtChennai Madurai High Court
Decided OnAug-14-2012
Case NumberW.P.(MD) NO. 11052 OF 2012
JudgeK. CHANDRU
AppellantJ. Sahaya Kalaiarasi W/O. Edwinson
RespondentThe Superintendent, Central Prison, Tirunelveli District and Another
Advocates:For the Petitioner: R. Anand, Advocate. For the Respondents: R1 and R2 - M. Murugan, Government Advocate.
Excerpt:
(prayer: petition filed under article 226 of the constitution of india praying for the issuance of a writ of mandamus directing the first respondent to grant emergency leave for a period of six weeks to the petitioner's husband by name edwinwon, s/o.nicholas, who is being confined at central prison, palayamkottai, tirunelveli dsitrict as a life convict pursuant to the judgment passed by the learned ii additional sessions judge, tirunelveli in s.c.no.209 of 1996 vide his judgment dated 22.03.2002.) order 1. the petitioner is the wife of one edwinson s/o.nicholas, who is a life convict and lodged in central prison, palayamkottai. the petitioner's husband was convicted and sentenced by the ii additional sessions court, tirunelveli vide judgment dated 22.03.2002 in s.c.no.209 of 1996. subsequently, he has filed an appeal before this court in c.a.no.519 of 2012. by virtue of grant of bail in cmp.no.4832 of 2004 in c.a.no.519 of 2002, he was enlarged on bail. however, the said appeal was dismissed by this court and the sentence was confirmed by the judgment dated 19.01.2011. hence, he was once again lodged in prison with effect from 19.01.2012. 2. the petitioner's husband has preferred an appeal before the honourable supreme court and the same is pending. while the petitioner's husband is undergoing imprisonment, the present writ petition has been filed by the petitioner seeking for grant of emergency leave for her husband for a period of six weeks. 3. the ground raised by the petitioner is that the marriage of the petitioner's daughter was fixed and the presence of the petitioner's husband is very much required. in proof of the same, the marriage invitation has been attached at page 69 of the type set of papers. it is stated that the marriage of the petitioner's daughter is to be performed at st.minavina matha church, perumanal, tirunelveli district, on 20.08.2012 at 8.30 am. 4. on notice from this court, the superintendent of prisons, palayamkottai, has sent a written instructions dated 13.08.2012 to the learned government pleader. in that, it is stated by the superintendent of prisons that under rule 13 of the tamil nadu suspension of sentence rules, he has got power only to grant emergency leave for a period of 15 days, that too in four spells. first spell is for six days and remaining nine days in three spells. the petitioner's husband is not eligible for ordinary leave and he can only be granted emergency leave for one day with police escort to attend the marriage. 5. though it is stated that since the sentence has not been confirmed by the hon'ble supreme court, earlier this court had taken a view to grant bail, that cannot be a ground for non-invoking the relevant rule. however, since the respondents are willing to grant leave to the petitioner's husband to attend the marriage, that too on the fixed date, the respondents are directed to grant emergency leave to the petitioner's husband viz., edwinson s/o.nicholas on 19th and 20th august 2012. the petitioner's husband will be taken from the central prison with police escort on 19th august 2012 and brought back to the central prison on 20th august 2012. the first respondent is also entitled to impose such other conditions that are required for the safety return of the petitioner's husband to the prison. 6. this writ petition is disposed of accordingly. no costs.
Judgment:

(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the first respondent to grant emergency leave for a period of six weeks to the petitioner's husband by name Edwinwon, S/o.Nicholas, who is being confined at Central Prison, Palayamkottai, Tirunelveli Dsitrict as a life convict pursuant to the judgment passed by the learned II Additional Sessions Judge, Tirunelveli in S.C.No.209 of 1996 vide his judgment dated 22.03.2002.)

ORDER

1. The petitioner is the wife of one Edwinson S/o.Nicholas, who is a life convict and lodged in Central Prison, Palayamkottai. The petitioner's husband was convicted and sentenced by the II Additional Sessions Court, Tirunelveli vide judgment dated 22.03.2002 in S.C.No.209 of 1996. Subsequently, he has filed an appeal before this Court in C.A.No.519 of 2012. By virtue of grant of bail in CMP.No.4832 of 2004 in C.A.No.519 of 2002, he was enlarged on bail. However, the said appeal was dismissed by this Court and the sentence was confirmed by the judgment dated 19.01.2011. Hence, he was once again lodged in prison with effect from 19.01.2012.

2. The petitioner's husband has preferred an appeal before the Honourable Supreme Court and the same is pending. While the petitioner's husband is undergoing imprisonment, the present writ petition has been filed by the petitioner seeking for grant of emergency leave for her husband for a period of six weeks.

3. The ground raised by the petitioner is that the marriage of the petitioner's daughter was fixed and the presence of the petitioner's husband is very much required. In proof of the same, the marriage invitation has been attached at page 69 of the type set of papers. It is stated that the marriage of the petitioner's daughter is to be performed at St.Minavina Matha Church, Perumanal, Tirunelveli District, on 20.08.2012 at 8.30 am.

4. On notice from this Court, the Superintendent of Prisons, Palayamkottai, has sent a written instructions dated 13.08.2012 to the learned Government Pleader. In that, it is stated by the Superintendent of Prisons that under Rule 13 of the Tamil Nadu Suspension of Sentence Rules, he has got power only to grant emergency leave for a period of 15 days, that too in four spells. First spell is for six days and remaining nine days in three spells. The petitioner's husband is not eligible for ordinary leave and he can only be granted emergency leave for one day with police escort to attend the marriage.

5. Though it is stated that since the sentence has not been confirmed by the Hon'ble Supreme Court, earlier this Court had taken a view to grant bail, that cannot be a ground for non-invoking the relevant rule. However, since the respondents are willing to grant leave to the petitioner's husband to attend the marriage, that too on the fixed date, the respondents are directed to grant emergency leave to the petitioner's husband viz., Edwinson S/o.Nicholas on 19th and 20th August 2012. The petitioner's husband will be taken from the Central Prison with police escort on 19th August 2012 and brought back to the Central Prison on 20th August 2012. The first respondent is also entitled to impose such other conditions that are required for the safety return of the petitioner's husband to the prison.

6. This Writ Petition is disposed of accordingly. No costs.