G. VELLAIAMMAL Vs. THE HOME SECRETARY

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner. Mr. D. Gandhiraj, learned Government Advocate appearing for the respondents.

(2.) THE petitioner's husband, namely, Govindan, was convicted for offence under Section 304(ii), IPC and sentenced to undergo seven years rigorous imprisonment by the order of this Court in Cri.A.No.648 of 2007. The petitioner's husband is in jail after the sentence was modified by this Court. The petitioner's son's marriage was originally fixed on 27.4.2009 and therefore, the petitioner applied for emergency leave to release the petitioner's husband and there was no response from the second respondent and therefore, the wedding date was changed and the same is fixed on 14.6.2009. After the change of wedding date the petitioner sent a representation to the first and second respondents on 19.5.2009, requesting them to grant emergency leave to the petitioner's husband to attend the marriage on 14.6.2009. As there is no response from the respondents, the petitioner has come forward with this writ petition.

(3.) MR . D. Gandhiraj, learned Government Advocate brought to the notice of this Court that for obtaining leave, the prisoner must have undergone three years of imprisonment from the date of initial imprisonment and in this case, the petitioner surrendered only in September, 2008 and he has not completed three years and hence, his request shall not be considered.