MOHAMED ILIYAS USMANI Vs. STATE

JUDGEMENT

(1.) The Petitioner has approached this Court with a prayer, for issuance of a writ, in the nature of mandamus, directing the Respondents No. 1 to 3 to grant the petitioner's younger brother Moosa @ Tada Moosa, parole for a period of three days, to attend the funeral ceremony of his mother.

(2.) The prisoner was convicted by the Special Judge Bomb Blast Court at Coimbatore, in crime No. 151 of 1998, on the file of the B-1, Coimbatore Police Station. The life sentence awarded to the prisoner was confirmed by this Court and the appeal against conviction is pending before the Hon'ble Supreme Court.

(3.) The case of the Petitioner is that the mother of the Petitioner, and that of the prisoner, died on 2.09.2011, and emergency leave was required to attend funeral ceremonies. It is submitted that prisoner's conduct in jail has been very good through out, and he is not guilty of any jail crime. The prisoner, therefore, is entitled to emergency leave for a period of two days, to attend the funeral ceremony.