A.P. GANESAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner's brother namely., Balu @ Balasubramani (C.P.No.4754-Central Prison, Madurai) is a life convict. He is in Central Prison, Madurai since the year 2007. The petitioner submitted an application for grant of ordinary leave for his brother. Since the the petitioner's brother has been convicted and sentenced for the offences that include Section 394 r/w. 397 of I.P.C., he may not be entitled to ordinary leave. This is the rule position. Rule 21(b) of Tamilnadu Suspension of Sentence Rules, 1982, states that the prisoners sentenced under Sections 392 to 402 of I.P.C., shall not be eligible for ordinary leave. But then the Government has the power to exempt any person from all or any of the provisions of these rules. Rule 40 provides for the same.

(2.) The impugned order dated 26.03.2019 has been passed by the second respondent. When Rule 40 confers the power to exempt on the first respondent, second respondent ought to have forwarded the petitioner's application to the first respondent.

(3.) In this view of the matter, the second respondent is directed to forward the petitioner's application dated 26.03.2019 to the first respondent. The first respondent shall decide the same on merits and in accordance with law within a period of eight weeks from the date of a receipt of a copy of this order.