BHUVANESHWARI Vs. STATE

JUDGEMENT

(1.) This writ petition has been preferred challenging the order dated 28.05.2021 passed by the third respondent and for a direction to the respondents to grant 30 days ordinary leave to the petitioner's husband Mohan (Ct. No.6965), Life Convict, who is now confined in the Central Prison, Salem.

(2.) The petitioner's husband Mohan faced a prosecution in S.C. No.86 of 2008 in the Court of the Principal Sessions Judge, Salem, and was convicted on 14.09.2010 of the offence under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default to undergo rigorous imprisonment for a period of one year. The appeal in Crl.A. No.783 of 2010 filed by Mohan thereagainst was dismissed by this Court on 12.07.2011. Thus, Mohan (Ct. No.6965) is undergoing life sentence in the Central Prison, Salem.

(3.) It is the petitioner's case that her daughter Shankari, aged about 16 years, is having a heart ailment and that her medical records show that she has a hole in her heart; therefore, the doctors who are treating her, have suggested that a surgery should be performed for her urgently; hence, the petitioner made an application dated 13.05.2021 to the prison authorities for grant of 30 days ordinary leave to Mohan (Ct.No.6965); since the said leave application was not considered, she filed a writ petition being W.P. No.12103 of 2021, in which, this Court, by order dated 26.05.2021, had directed the prison authorities to consider the petitioner's application and pass orders in accordance with law within a period of ten days from the date of receipt of a copy of the said order; accordingly, the petitioner's representation dated 13.05.2021 was considered and rejected by the Superintendent of Prison, Central Prison, Salem, vide order dated 28.05.2021, aggrieved by which, she has preferred the present writ petition.