J. SAHAYA KALAIARASI Vs. SUPERINTENDENT CENTRAL PRISON

JUDGEMENT

(1.) THE petitioner is the wife of one Edwinson S/o.Nicholas, who is a life convict and lodged in Central Prison, Palayamkottai. The petitioner's husband was convicted and sentenced by the II Additional Sessions Court, Tirunelveli vide judgment dated 22.03.2002 in S.C.No.209 of 1996. Subsequently, he has filed an appeal before this Court in C.A.No.519 of 2012. By virtue of grant of bail in CMP.No.4832 of 2004 in C.A.No.519 of 2002, he was enlarged on bail. However, the said appeal was dismissed by this Court and the sentence was confirmed by the judgment dated 19.01.2011. Hence, he was once again lodged in prison with effect from 19.01.2012.

(2.) THE petitioner's husband has preferred an appeal before the Honourable Supreme Court and the same is pending. While the petitioner's husband is undergoing imprisonment, the present writ petition has been filed by the petitioner seeking for grant of emergency leave for her husband for a period of six weeks.

(3.) ON notice from this Court, the Superintendent of Prisons, Palayamkottai, has sent a written instructions dated 13.08.2012 to the learned Government Pleader. In that, it is stated by the Superintendent of Prisons that under Rule 13 of the Tamil Nadu Suspension of Sentence Rules, he has got power only to grant emergency leave for a period of 15 days, that too in four spells. First spell is for six days and remaining nine days in three spells. The petitioner's husband is not eligible for ordinary leave and he can only be granted emergency leave for one day with police escort to attend the marriage.