A convict may receive emergency leave without police escort subject to strict safeguards.

The petitioner, the sister of William, a life convict confined at Central Prison, Cuddalore, sought emergency leave for him to assist their ailing mother.

The Superintendent granted three days’ emergency leave, but required that it be taken with police escort. The petitioner challenged that condition, stating that she could not provide food and accommodation for the escort.

The deceased’s wife, appearing as an intervenor, opposed leave and alleged that the convict had threatened the deceased’s family during the trial. The petitioner submitted that the death sentence had been commuted to life imprisonment and that the convict undertook not to contact the deceased’s family during leave.

Whether the condition requiring police escort during the convict’s three-day emergency leave should be modified to permit leave without escort.

Whether safeguards should be imposed during the leave period, in light of the intervenor’s objection and the convict’s undertaking not to contact the deceased’s family.

The Court’s order identifies Article 226 of the Constitution as the basis for the writ petition, which sought certiorarified mandamus.

The judgment does not cite any specific statutory provision, precedent, or general legal test governing emergency leave or escort conditions. It resolves the request on the circumstances presented and imposes conditions for the leave, including compliance with the Jail Manual.

The Court considered the mother’s age-related ailments and the petitioner’s stated need for her brother’s presence, together with the convict’s undertaking not to contact the deceased’s family. On those facts, it directed that the already-granted three days’ emergency leave be taken without police escort.

The intervenor’s objection was addressed through conditions requiring the convict to report to the police twice daily, return to prison when the leave ended, comply with the Jail Manual, use the leave only for its stated purpose, and avoid contact with the deceased’s family.

He must report to the fourth respondent at 10:30 a.m. and 6:30 p.m. daily, return to the third respondent on completion of leave, comply with the Jail Manual, use the leave only for its approved purpose, and not contact the deceased’s family during the leave period. The petitioner must produce the necessary documents and a copy of the order before the prison authorities. No costs were ordered.