Facts
The petitioner sought 21 days’ ordinary leave without escort for her maternal grandfather, Chinnu, a life convict, stating that his house was dilapidated and required repairs.
Source reference: p. 2–3The first respondent rejected the request on the ground that the prisoner faced a threat to his life from the victim’s family. The petitioner also relied on orders granting 21 days’ ordinary leave to five co-accused, during which no untoward incident occurred.
Source reference: p. 2–3She challenged the rejection by writ petition.
Source reference: p. 2Issues
Whether the prisoner should be granted 21 days’ ordinary leave without escort to attend to repairs required at his dilapidated house.
Source reference: p. 2–3Whether the stated threat to the prisoner’s life justified refusing leave, given that leave had been granted to co-accused without any reported untoward incident.
Source reference: p. 3–4Law Applied
The order cites no specific statutory provision, Jail Manual rule, or judicial precedent as the basis for granting leave.
Source reference: p. 3–4The Court’s case-specific reasoning was that the stated purpose for leave, considered alongside the prior grant of leave to co-accused and the absence of untoward incidents during their leave, supported granting leave subject to safeguards and compliance with the Jail Manual.
Source reference: p. 3–4Reasoning
The Court considered the need for repairs at the prisoner’s house and the fact that five co-accused had received 21 days’ ordinary leave, during which no untoward incident occurred.
Source reference: p. 3–4Against those circumstances, it did not treat the respondents’ stated concern about a threat from the victim’s family as sufficient to deny leave; instead, it granted leave without escort and imposed reporting and conduct conditions.
Source reference: p. 3–4Holding
The Court disposed of the writ petition and directed the respondents to grant Chinnu 21 days’ ordinary leave without escort.
During leave, he must report to the third respondent police at 10:30 a.m. and 6:30 p.m. daily, return to prison on completion of leave, comply with the Jail Manual, and use the leave only for the stated purpose, refraining from other activities, including communal activities.
Source reference: p. 4–5The petitioner must provide the necessary documents and a copy of the order to the jail authorities.
Source reference: p. 4–5No costs were ordered.
Source reference: p. 4–5Original Court PDF
S.KaviyapriyavsThe Deputy Inspector General
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
