MEHARAJ Vs. STATE

JUDGEMENT

(1.) A Division Bench passed an order on 25/2/2019 referring the following two questions for consideration by a Larger Bench:

(2.) The reference of the questions has been in view of the order of Division Bench dtd. 11/1/2018 granting temporary leave for a period of two weeks to the convict. The said petition was preferred by Meharaj, wife of the detenu Siddhiqe AN @ Sulthan, to grant leave to the convict for 30 days to have conjugal relationship, as they were not having child from the wedlock and the petitioner was advised to have infertility treatment along with her husband. The Division Bench in the said order gave general directions to the State to favourably consider the request of the prisoners to have conjugal relationship with their spouse. The prayer made in the habeas corpus petition was accepted granting temporary leave to the convict for a period of two weeks from 20/1/2018 to 3/2/2018. For the said period, the sentence was suspended and, accordingly, respondents 3 and 4 therein were directed to release the husband of the petitioner subject to certain conditions. Aggrieved by the said order dtd. 11/1/2018, the State filed Crl.M.P.(MD) No.832 of 2019 seeking review the said order.

(3.) While the application was pending, H.C.P. (MD) No.365 of 2018 was filed by the petitioner seeking six weeks leave to her husband by relying upon the order dtd. 11/1/2018. The Division Bench, vide the order of reference dtd. 25/2/2019, noticed that there is no provision in the Tamil Nadu Suspension of Sentence Rules, 1982 (for brevity, "the 1982 Rules") for grant of emergency or ordinary leave for a convict to have conjugal relationship with spouse. Under those circumstances, the matter was referred to the Larger Bench to answer the questions framed and quoted above.