SARIKATHU NISHA Vs. SUPERINTENDENT OF PRISON

JUDGEMENT

(1.) The writ petition has been instituted to direct the 1st respondent to grant ten (10) days leave to the detenu, Mr.Barakathullah, S/o. Syed Ibrahim, now confined at Central Prison-1, Puzhal, Chennai to attend his mother's funeral, which took place on 19/4/2025 at Valinokkoam, Ramnathapuram District.

(2.) The petitioner is the sister of the detenu, Mr.Barakathullah. An F.I.R. in R.C.No.42/2022/NIA/DLI was registered by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act, 1967. The detenue was remanded to judicial custody on 22/9/2022. Subsequently, a charge sheet was filed on 17/3/2023 and the trial is yet to commence.

(3.) Suddenly, the mother of the detenu passed away on 18/4/2025, at 02:00 A.M. Information was provided to the Jail Authorities. Since the Prison Authorities are not vested with the power to grant leave under the Tamil Nadu Suspension of Sentence Rules, 1982, which would be applicable only to the convict prisoners, and the detenu is an under trial prisoner, the relatives have to approach the Trial Court for bail or approach the High Court seeking permission to attend the funeral ceremony.