KALIAMMAL Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner, mother of a life convict prisoner, namely P.Sakthivel, S/o.Palanisamy has filed this writ petition as against the order of the fourth respondent / the Superintendent of Prison, Central Prison, Tiruchirappalli dated 12.04.2021, in and by which, the representation of the petitioner dated 07.04.2021 for emergency leave of one month to her son P.Sakthivel, a life convict prisoner, was rejected on the ground that there is no provision available under the Statute to grant such a leave. Challenging the said rejection order, the present writ petition is filed.

(2.) Mr.R.Murugappan, learned Counsel for the petitioner assailing the impugned order would submit that the petitioner's son is suffering from hepatitis-B, diabetes and piles, but he is not getting proper treatment in prison. He would further submit that the petitioner's son is not having vision in one of his eyes, the vision in the other eye is also getting affected and he has lost the hearing capacity of one of his ears also and therefore, for providing better treatment in a private multi speciality hospital outside the prison, a representation has been made by the petitioner for grant of one month emergency leave to her son. But without assigning any valid reason, the fourth respondent has rejected the representation of the petitioner.

(3.) The learned Counsel further submits that the right to life is a fundamental right and when the convict prisoner is suffering with several ailments, he must be provided with necessary treatment by allowing him to take proper treatment in a private multi speciality hospital outside the prison and for that he needs one month emergency leave. He also relied on the decision of the Hon'ble Apex Court in Kerala Union of Working Journalists Vs Union of India and others [W.P(Crl) Nos.397 of 2020, dated 28.04.2021] in support of his contention.