JALANI Vs. DEPUTY INSPECTOR GENERAL OF PRISONS

JUDGEMENT

(1.) This Writ Petition has been filed challenging the impugned proceedings of the second respondent made in No.944/Ootha.2/2025 dtd. 11/9/2025 and for a consequential direction to the respondents 1 and 2 to grant 21 days ordinary leave without escort to the petitioner's husband, who is presently serving sentence at Central Prison, Madurai.

(2.) The petitioner is the wife of the convict. The convict underwent trial in Spl.S.C.No.65 of 2018 on the file of the Special Court for Exclusive Trial of SC/ST Act Cases and by judgment dtd. 5/8/2022, the convict was convicted and sentenced to undergo life imprisonment on three counts. The judgment of the Trial Court was confirmed by this Court in Crl.A(MD) No.591 of 2022, by judgment dtd. 26/2/2026. As against the said judgment, no appeal has been filed before the Apex Court and hence, the conviction and sentence has become final.

(3.) The petitioner submitted a representation before the respondents seeking for ordinary leave on the ground that the petitioner is desirous of having a child through the convict and that for this purpose, the petitioner has to undergo fertility treatment. Therefore, ordinary leave was sought for on this ground. The second respondent through the impugned proceedings dtd. 11/9/2025 rejected the representation made by the petitioner and aggrieved by the same, the present Writ Petition has been filed before this Court. The second respondent has filed a counter affidavit. The stand taken by the second respondent is extracted hereunder: