The Court passed the order on a petition by one, Gunasekaran (petitioner), the deceased woman’s father.
He urged the Court to grant leave to his son and his daughter’s son, both of whom were lodged in the Madurai Central Prison, so that they could attend the final rites of the deceased woman who passed away on December 23, 2023.
Gunasekaran had earlier made a representation before the prison authorities seeking the temporary release of the two convicts for four-five days. However, this representation was turned down on December 28, 2023, while the final rites were to take place on January 6, 2024.
Therefore, the petitioner moved the High Court with a writ petition for relief.
The State authorities told the Court that after an amendment made in 2022, an additional clause was added in the Tamil Nadu Suspension of Sentence Rules, 1982 whereby prisoners convicted for heinous offences were made not entitled to ordinary leave. The category of such persons included those convicted under the NDPS Act, the Court was told.
The Court, however, granted two days of leave (January 6 and January 7) for the convicts to attend the final rites ceremonies, considering it to be a “special” case.
The two prisoners were ordered to return to jail by the evening of January 7 and also bear the costs of the police escort.
Source: Barandbench
