Facts
Divya, sister of life convict Vijay @ Muniyandi, sought six days’ emergency leave without police escort so her brother could assist with arrangements for her cancer treatment.
Source reference: pp. 2–4The prison authorities granted leave but required police escort.
Source reference: pp. 2–4The State opposed leave without escort, relying on a housebreaking case registered against the prisoner during an earlier unescorted leave; he was subsequently acquitted.
Source reference: pp. 2–4The petitioner also stated that her brother would report to the police twice daily.
Source reference: pp. 2–4Issues
Whether the condition requiring police escort during the prisoner’s six-day emergency leave should be modified to permit leave without escort.
Source reference: pp. 2–4Whether conditions for monitoring and compliance should be imposed during the unescorted leave.
Source reference: p. 4Law Applied
The judgment identifies no specific statutory provision or precedent as the basis for its decision.
Source reference: pp. 4–5It considered the circumstances supporting emergency leave, including the petitioner’s medical need and the prisoner’s acquittal in the case arising from his earlier leave.
Source reference: pp. 4–5The Court directed compliance with the conditions prescribed in the Jail Manual and imposed additional reporting and return requirements.
Source reference: pp. 4–5Reasoning
The Court considered the petitioner’s need for treatment for cancer and noted that, although the prisoner had been alleged to have committed a housebreaking offence while on earlier unescorted leave, he had been acquitted.
Source reference: pp. 4–5In those circumstances, it directed that the leave be granted without escort.
Source reference: pp. 4–5To address supervision concerns, it required the prisoner to report to the Thuvakkudi Police Station twice daily and to return to prison when the leave ended.
Source reference: pp. 4–5Holding
The Court disposed of the writ petition and directed the respondents to grant the prisoner six days’ emergency leave without escort.
During the leave, he must report to the Inspector of Police, Thuvakkudi Police Station, at 10:30 a.m. and 6:30 p.m. daily, return to prison upon completion of the leave, comply with the Jail Manual, and use the leave only for the purpose for which it was granted.
Source reference: pp. 4–5The petitioner must provide the necessary documents and a copy of the order to the prison authorities.
Source reference: pp. 4–5No costs were awarded.
Source reference: pp. 4–5Acts & Sections Cited
3 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nyaya Sanhita, 20233
Original Court PDF
DivyavsThe Deputy Inspector General
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