File photo of the Madras High Court.
Credit: PTI file photo
Chennai: The Madras High Court has directed the Director General of Prisons to issue consolidated instructions to all the subordinate prison authorities to ensure that the leave applications filed by or on behalf of the prisoners were processed scrupulously in accordance with the rules and decisions were taken within a period of 28 days as contemplated under Rule 24(5) of the Tamil Nadu Suspension of Sentence Rules, 1982.
In a recent order, a division bench comprising Justices S M Subramaniam and N Senthil Kumar said failure in complying with the Tamil Nadu Suspension of Sentence Rules, 1982 regarding adherence of time limit contemplated was to be construed as lapse, dereliction of duty or negligence, as the case may be and appropriate disciplinary actions were to be initiated against the officials who all were responsible for such misconduct.
The bench said the writ petitions filed prematurely before expiry of the statutory time limit of 28 days as contemplated under the Tamil Nadu Suspension of Sentence Rules, 1982 were not entertainable for grant of ordinary leave. Applications for emergency leave were to be considered forthwith by the competent authority without causing any delay. An order of rejection of leave application would provide a cause for instituting the writ petition challenging the same, the bench added.
The bench gave the above directives while disposing of a petition filed by Usha, wife of Karthi, a convict prisoner confined in Vellore Prison, seeking a direction to the authorities to grant 28 days ordinary leave to her husband.
The bench said in the present case, the petitioner filed an application seeking leave on June 27, 2024. The writ petition was filed on July 15, 2024, even before the date of expiry of the statutory period as per the rules to dispose of the leave petition by the competent authority under the Tamil Nadu Suspension of Sentence Rules, 1982.
Thus, the present writ petition was premature on the date of filing. "However, we are inclined to take an exception in the present case, since during the pendency of the present writ petition, the statutory period expired and again remanding the matter became unnecessary", the bench added.
Pointing out the submission of the Additional Public Prosecutor that the prisoner was eligible for ordinary leave for 21 days, the bench granted ordinary leave for 21 days commencing from September 6, 2024 with certain conditions to the convict prisoner.