A.KALA Vs. CHIEF SECRETARY HOME

JUDGEMENT

(1.) The petitioner is the wife of the detenu, namely R.Parthiban, who is a life convict and according to her, her mother-in-law viz., R.Pitchaiammal, the mother of the detenu had died on 23.02.2019 and in order to participate in the funeral/cremation of his mother, the detenu was set on parole for one day i.e., on 23.02.2019 with police escorts and he had returned back to prison on 25.02.2019. Now, the petitioner is before this Court seeking to grant parole for her husband for 5 days commencing from 23.04.2019 to 27.04.2019, to enable the petitioner to participate in the rituals/funeral ceremony of his deceased mother.

(2.) Mr.V.Parthiban, learned counsel appearing for the petitioner would submit that final rites and ceremonies have to be performed on account of demise of the petitioner's mother and accordingly, it was proposed to be performed for two days i.e., on 25.04.2019 and 26.04.2019 at Mallanoor Village, Ramanathapuram District, in order to give peace to the departed soul, for which, the participation of the petitioner is absolutely necessary and therefore, prays for appropriate orders.

(3.) Per contra, Mr.C.Iyyappa Raj, learned Additional Public Prosecutor appearing for the State has drawn the attention of this Court to the counter affidavit dated 23.04.2019 filed by the Superintendent of Prisons, Central Prison- I, [Convict] Puzhal, Chennai ? 600 066, wherein it would state that admittedly the detenu was granted one day parole with police escort on 23.02.2019 as emergency leave to attend his mother's funeral rites and he had returned back to the prison on 25.02.2019, and in the light of the Rule 6 of the Tamil Nadu Suspension of Sentence Rules,1982, as a matter of right, the detenu cannot seek for parole/leave to attend the funerary (after death) ceremony and prays for dismissal of this order.