MOOKAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Petitioner is the father of detenu, namely, Chandrasekar @ Sekar, Son of Mookan, who has been detained under the Tamil Nadu Act 14 of 1982 on 02.09.2013. According to the petitioner, the brother of detenu Periyasamy has died on 14.03.2014 at about 8:45 a.m. The presence of the detenu, who is the elder brother of the deceased Periyasamy, is very much necessary for conducting his death ceremony at Vyasarpadi burial ground at 09:00 a.m. on 15.03.2014. The petitioner has made a representation to the respondents on 14.03.2014 with a request to grant parole for three days to his son to enable him to attend the death ceremony of Periyasamy. But, so far the respondents have not passed any order and, therefore, the petitioner is before this Court by way of filing this petition.

(2.) Mr. A. Ramesh, learned counsel appearing for the petitioner, submits that the detenu, being elder brother of Periyasamy has to perform his last rites, for which, his presence is indeed required. Even though the father of detenu has written to the respondents through e-post dated 14.03.2014, requesting them to grant parole to his son for three days, no decision has been taken thereon by the respondents. He also would submit that 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.) Per contra, Mr. P. Govindarajan, on oral instructions from the respondents, has submitted that the deceased brother of detenu by name Periyasamy, to whom death ceremony is going to be held on 15.03.2014, was done to death and the detenu is also involved in cases punishable under Section 302 IPC. He has also submitted that in the event of parole being granted to him for longer days, there is every possibility of occurring untoward and unwanted incident to his life and therefore, taking into account the risk involved in granting parole to the detenu for three days, grant of parole may be restricted to a day so as to bring him back to the prison on the very same day.