DEVAKI Vs. SUPERINTENDENT OF CENTRAL PRISON

JUDGEMENT

(1.) THIS Writ Petition has been filed seeking to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the respondent in No.10360/jf.4/2014 dated 07.06.2014 and to quash the same as illegal and to direct the respondent to grant the 20 days leave to the petitioner's husband Ramachandran, life convict in Central Prison, Trichy to make an arrangement for and participate in the marriage of his son by name Raghupathy Raja in pursuance of rule 20 of Tamil Nadu Suspension of Sentence Rules, 1982.

(2.) IN the affidavit it has been stated that the petitioner is the wife of one Ramachandran. It is the case of the petitioner that her husband was implicated as an accused by the Inspector of Police, Sivagangai Town Police Station in connection with a case in Crime No.635 of 1998 for an offence of murder under Section 302 I.P.C. After investigation, charge sheet has been filed as against the husband of the petitioner. Subsequently, on completion of trial, the petitioner's husband was convicted in S.C. No. 97 of 1999 along with 10 persons and sentenced to undergo life imprisonment by the Additional District Judge, Sivagangai by judgment dated 28.05.2002. As against the judgment dated 28.05.2002, appeal was preferred before this Court in Criminal Appeal No. 823 of 2002. This Court confirmed the life imprisonment passed by the Court below vide order dated 24.02.2011. Further appeal was filed before Hon'ble Apex Court and the same is still pending. While so, arrangements were made for the marriage of the petitioner son Raghupathy Raja, who has completed the Diploma in Electronics and Communication Engineering with one Jegatha @ Mathuravalli on 29.06.2014 at Muthu Mahal, Sivagangai. The presence of the petitioner's husband is very much necessary to fulfil the customary practice of the marriage festival. Hence, the petitioner made an application to the respondent on 04.06.2014, along with sufficient proof to substantiate the petitioner's son's marriage, requesting to grant ordinary leave to her husband for a period of 20 days. However, the respondent denied the same by passing an order dated 07.06.2014. In the said order, the respondent has stated that leave cannot be granted since appeal is pending before the Hon'ble Apex Court. Hence, aggrieved over the same, the petitioner has come forward with the present Writ Petition.

(3.) WHEN the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that in a similar matter in W.P. (MD) No. 1135 of 2013 dated 03.02.2012, between K.Kaliyammal v. 1. The Superintendent, Central Prison, Madurai and three others, this Court has passed an elaborate order, directing the first respondent therein to grant emergency leave to the petitioner's son therein. The learned counsel also produced a copy of the said order.