J NAJIDEEN Vs. SUPERINTENDENT OF SPECIAL SUB JAIL

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner and the Learned Government Advocate (Crl.Side) for R1 and R2.

(2.) The Petitioner/brother of the Detenu, has filed the instant Habeas Corpus Petition, seeking passing of an order by this Court in directing the First Respondent/Superintendent of Special Sub Jail, Poonamallee, Chennai, to grant seven days leave to the detenu/under trial Prisoner-Nazeer Jalaludeen, son of Jalaludeen, now confined at Special Sub Jail, Poonamallee, Chennai, to join the first death anniversary of his mother Saheela Begum, to take place on 21.04.2018, at Door No.8-A, Anna Street, TMP Nagar, Padi, Chennai-50.

(3.) The Learned Counsel for the Petitioner submits that the Detenu/under trial Prisoner is languishing in jail for nearly four years, after being implicated in respect of an offence under Section 302 of the Indian Penal Code and under the provisions of the Unlawful Activities Act, 1967. The detenu's father, viz., Jalaludeen, expired on 29.02.2016 and his mother Saheela Begum also expired on 202017. On both the occasions, this Court had granted leave to the detenu to attend the funeral.