1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2011 CORAM THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.13639 of 2011 S.Thavamani : Petitioner vs. 1.The Inspector General of Police, (Prison), Chennai. 2.The Superintendent, Central Prison, Madurai. : Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to allow the petitioner's appeal dated 23.11.2011 and to grant emergent leave to the petitioner's husband as per the Prison Rules. For Petitioner : Mr.A.Jayaramachandran For Respondents : Mr.K.P.Krishnadoss, Government Advocate. O R D E R The petitioner's husband who is a life convict, seeks the grant of emergency leave to enable her husband to attend the weeding of their daughter. 2. Heard Mr.A.Jayaramachandran, learned counsel for the petitioner. Mr.K.P.Krishnadoss, learned Government Advocate takes notice for respondents. 3. The petitioner's husband was convicted for offences under Sections 376(1) and 302 IPC and sentenced to life imprisonment in Sessions Case No.231 of 1998 by a judgment dated 8.7.1999. The appeal filed by him was also dismissed by this Court. 4. The husband of the petitioner has now spent 12 years, 4 months and 24 days in prison. The respondents state that the petitioner's husband had so far availed leave for a period of 5 months and 29 days. Since the last ordinary leave availed by the husband of the petitioner was for one month from 4.2.2010 to 7.3.2010, his application for ordinary leave for attending the wedding of his daughter was rejected in terms of Rule 22(4). 5. But under Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982, the husband of the petitioner is entitled to emergency leave. The period of emergency leave is restricted by Rule 13. The https://hcservices.ecourts.gov.in/hcservices/ 2 husband of the petitioner has already availed emergency leave in the year 2011 on 4 occasions for a total duration of 15 days. Therefore, in normal circumstances, he is not eligible. 6. But Rule 13 enables the Government to extend the period of emergency leave, in exceptional cases following the procedure prescribed by Rule 34. 7. Unfortunately for the petitioner and her husband, it is too late in the day to follow the procedure prescribed by Rule 34. This is in view of the fact that his dauther's wedding is fixed for 1.12.2011 at Kambam. Therefore, I am of the view that the case of the petitioner's husband would fall under the category of exceptional cases dealt with by the later part of Rule 13 and it deserves sympathetic consideration. But there is no time now to direct the Government to examine the request and pass orders in terms of the said Rule. The petitioner's appeal to the Inspector General of Registration is not yet disposed of. 8. In view of the above and taking into account the facts and circumstances, the writ petition is disposed of, directing the respondents to grant emergency leave to the petitioner's husband for 2 days. The petitioner's husband shall be released latest by 6.00 P.M., on 30.11.2011 to enable him to go to Kambam and attend the wedding of his daughter. He shall return back to the prison by about 12.00 Noon on 2.12.2011. All other conditions relating to escorts and expenses will apply. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Inspector General of Police, (Prison), Chennai. 2.The Superintendent, Central Prison, Madurai. +1cc to Mr.A.Jayaramachandran, Advocate Sr.No.41908 svn ssk/29.11.2011 /4c-2p/- WP(MD) 13639/2011 https://hcservices.ecourts.gov.in/hcservices/