A. THAHIRA Vs. SECRETARY

JUDGEMENT

(1.) Petitioner is the wife of convict A.Ibrahim, Son of late.Aboobacker, convict No. 5398, who is serving sentence since 11.12.2013 at Central Prison, Puzhal, Chennai. According to the petitioner, her daughter E.Ayishath Shanas marraige has been arranged with N.Sahad Basheer, S/o.Basheer Haji (Chikku), who hails from Kasaragod, Kerala and that the marriage is to be solemnized on 02.02.2014 at Amina Manzil, Choori, Kerala. The petitioner has made a representation to the respondents on 07.01.2014 with a request to grant parole from 31.01.2014 to 07.02.2014 to her husband to enable him to arrange the marriage and participate in the marriage and other related functions. But, so far the respondents have not passed any order and, therefore, the petitioner is before this Court in this writ petition.

(2.) Mr.K.Sadhanandan, learned counsel appearing for the petitioner, submits that the marriage of the convict's daughter has been fixed on 02.02.2014 and even though a request was made to the respondents on 07.01.2014, no decision has been taken thereon by the respondents. He also would submit that as per the Tamil Nadu Prison Manuals, the right of the convict to attend the marriage of kith and kin is permissible and when the character and conduct of the prisoner is satisfactory, there is no legal impediment for the authorities concerned in considering the request for parole.

(3.) Mr.V.Jayaprakash Narayanan, learned Special Government Pleader, who took notice for the respondents, has submitted that the petitioner's husband is a convict under NDPS Act and was sentenced to undergo imprisonment for 10 years, consequent thereto, he was confined to the prison only on 11.12.2013, due to which, jail authorities find it difficult to ascertain the conduct of the prisoner within a short span of time. Moreover, the convict belongs to Kasaragode, Kerala and therefore, if he is allowed to go on emergency leave, it will cause great prejudice to the respondents. He has also strongly opposed in granting emergency leave to the convict, stating that there is no report from the Probationary Officer in this regard