After 2 Years Without Leave, Life Convict Gets 6-Day Emergency Leave To Help Father With COPD, Heart Disease: Madras HC

In brief

The question

1. Whether the prison authorities’ rejection of emergency leave under Rule 9 should be set aside where the prisoner’s father’s serious illness was evidenced by a hospital discharge summary.

The court held

The Court set aside the prison authorities’ order dated 6 October 2026 and granted Vijaya Rama Murthy six days’ emergency leave without escort.

It also directed

During the leave, he was required to report daily to the fourth respondent at 5:00 p.m., return to the prison on completion of the leave, comply with the Jail Manual, and use the leave only for the stated purpose; the petitioner was directed to provide the necessary documents and a copy of the order to the jail authorities.

01Facts

Rani, the mother of life convict Vijaya Rama Murthy (PID No. 132798), sought six days’ emergency leave so he could assist with the medical treatment of his father, Mari Alangaram.

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The father had been admitted to Tirunelveli Medical College Hospital from 22 to 24 September 2026 for acute exacerbation of COPD and coronary artery disease.

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The prison authorities rejected the request on 6 October 2026, citing Rule 9 of the Tamil Nadu Suspension of Sentence Rules and the absence of a medical certificate.

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Rani challenged that order, noting that an earlier representation had also led to a court direction to consider the request.

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The State accepted that the discharge summary recorded the father’s illnesses and hospitalisation.

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02Issues

i.1. Whether the prison authorities’ rejection of emergency leave under Rule 9 should be set aside where the prisoner’s father’s serious illness was evidenced by a hospital discharge summary.

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ii.2. Whether the prisoner should be granted six days’ emergency leave to assist his ailing father.

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03Law Applied

The Court considered Rule 9 of the Tamil Nadu Suspension of Sentence Rules, under which leave may be considered when a convict prisoner’s blood relative is seriously ill; the Court noted the authorities’ position that a certificate concerning certain illnesses was required.

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The judgment identifies no other statute, precedent, or legal doctrine as a basis for its decision.

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04Reasoning

The Court treated the discharge summary and the State’s acknowledgment of the recorded diagnoses and hospitalisation as evidence that the father was seriously ill, notwithstanding the asserted absence of a separate medical certificate.

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It also considered that the prisoner had been incarcerated for two years and had not previously availed himself of leave. In those circumstances, the Court found it appropriate to grant emergency leave.

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