WP/35865/2019 of R.MANJULA Vs The Home Secretary (Prison) on 30 December 2019

1. The Home Secretary (Prison) Secretariat, Fort St. George Chennai – 600 009

2. The Additional Director General of Prison and Inspector General of Prison Whannels Road, Egmore Chennai – 600 008

3. The Superintendent of Prison Salem Central Prison Salem District... Respondents Writ Petition filed under Article 226 of the Constitution ofIndia praying to issue a Writ of Mandamus to direct therespondents to grant 15 days Emergency Leave to petitioner'shusband namely C.Raj Mohan, S/o.Chandra Mohan (Prisoner No.6584)now confined in Central Prison, Salem for taking kidneytransplantation treatment of his son namely Master Sanjay agedabout 16 years and also taking Coronary artery treatment ofdetenu in pursuant to the medical records.

For Petitioner : Mr.M.Mohamed SaifullaFor Respondents:Mr.T.Shunmugarajeswaran, Government Advocate Petitioner/wife of C.Raj Mohan, S/o.Chandra Mohan, (PrisonerNo.6584), now confined at Central Prison, Salem, has filed thepresent petition seeking a direction to the respondents to grant https://hcservices.ecourts.gov.in/hcservices/

15 days Emergency Leave to her husband by considering thepetitioner's representation dated 10.12.2019.

2. Heard learned counsel for the petitioner and learnedGovernment Advocate appearing for the respondents.

3. The petitioner is the wife of a convict prisoner by nameC.Raj Mohan (Prisoner No.6584). He is presently confined inCentral Prison, Salem. The son of the petitioner is havingcertain major renal issues and he has to undergo kidneytransplantation. Therefore, the petitioner had earlier filed aHabeas Corpus Petition in H.C.P.No.1961 of 2019 seekingemergency leave for her husband. It was allowed on 19.09.2019and the petitioner's husband came out on emergency leave, butthe operation of the petitioner's son could not be arranged.Therefore, even though 30 days leave was granted, thepetitioner's husband surrendered within 3 days.

4. The petitioner's counsel has enclosed certain medicalrecords pertaining to petitioner's son and it appears that hislife is virtually on life-support offered by medical equipments.Considering the condition of petitioner's son pleaded by thelearned counsel for the petitioner and the fact that the Hon'bleDivision Bench was pleased to favourably consider thepetitioner's request on the earlier occasion, I am inclined togrant leave.

5. Therefore, the respondents are directed to give 15 daysemergency leave to the petitioner's husband. Accordingly, thisCourt directs as follows:

(a) Respondents are directed to release the petitioner'shusband C.Raj Mohan, S/o.Chandra Mohan, (PrisonerNo.6584), now confined at Central Prison, Salem, onemergency leave for a period of 15 days i.e.,03.01.2020 to 17.01.2020.

(b) The petitioner's husband shall be released on03.01.2020 at 10.00 a.m. and he shall be brought backto the Central Prison, Salem, on 17.01.2020 at 05.00p.m.

c) Respondents are directed to follow the proceduresprescribed in the prison manual for ensuring the safetyand providing necessary security and escort facilities tothe petitioner's husband during the period of leave.

6. The purpose of granting relief in this writ petition isto enable the petitioner's husband to be with his son at thetime of taking treatment. The learned counsel for petitioner points out that on the earlier occasion, the escort personnelhave virtually confined the petitioner's husband in the houseitself. The escort personal are directed to permit thepetitioner's husband to be with the son at the time of takingtreatment.This writ petition is allowed on above terms. No costs.

Sd/- Assistant Registrar(CS III)//True Copy// Sub Assistant Registrargpa/mpTo1.The Home Secretary (Prison) Secretariat, Fort St. George Chennai – 600 0092. The Additional Director General of Prison and Inspector General of Prison Whannels Road, Egmore Chennai – 600 0083. The Superintendent of Prison Salem Central Prison Salem District4.The Public Prosecutor, Puducherry.

W.P.No.35865 of 2019

nr 02/01/2020