Madras High Court
Mohamed Iliyas Usmani vs State Represented By on 6 September, 2011
Author: Vinod K.Sharma
Bench: Vinod K.Sharma
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06/09/2011 CORAM THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P.(MD)No.9976 of 2011 Mohamed Iliyas Usmani ... Petitioner Vs. 1.State represented by The Secretary to Government Home (Prison IV) Department, Secretariat, Chennai. 2.The Additional Director General of Prison, Egmore, Chennai-600 008. 3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District. 4.The Superintendent of Police, Special Investigation Team (SIT) Chennai. ... Respondents PRAYER Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents No.1 to 3 to enlarge the petitioner's younger brother Moosa @ Tada Moosa on parole for a period of three days. !For Petitioner ... Mr.S.M.A.Jinnah ^For Respondent ... Mr.R.Anandaraj Government Advocate :ORDER
The petitioner has approached this court with a prayer, for issuance of a writ, in the nature of mandamus, directing the respondents No.1 to 3 to grant the petitioner's younger brother Moosa @ Tada Moosa, parole for a period of three days, to attend the funeral ceremony of his mother.
2.The prisoner was convicted by the Special Judge Bomb Blast Court at Coimbatore, in crime No.151 of 1998, on the file of the B-1, Coimbatore Police Station. The life sentence awarded to the prisoner was confirmed by this Court and the appeal against conviction is pending before the Hon'ble Supreme Court.
3.The case of the petitioner is that the mother of the petitioner, and that of the prisoner, died on 2.09.2011, and emergency leave was required to attend funeral ceremonies. It is submitted that prisoner's conduct in jail has been very good through out, and he is not guilty of any jail crime. The prisoner, therefore, is entitled to emergency leave for a period of two days, to attend the funeral ceremony.
4.The representation made by the petitioner was claimed to have been rejected orally, by the Jail Superintendent.
5.The notice was issued to the Jail Superintendent, with liberty to the prisoner to offer prayer, under the police escort for two hours.
6.The learned counsel for the petitioner contends, that there was no law and order problem, as Thiru.Moosa peacefully offered his prayer and was taken back to prison.
7.In view of the conduct of the prisoner, he be released on emergency leave to attend the funeral ceremonies.
8.The report was called from the Commissioner of Police, who has submitted his report, which reads as under:-
"With reference to the above Writ Petition the following status report is furnished for favour of perusal.
The life Convict prisoner Moosa @ Tada Moosa in an Al-Umma outfit and Muslium Fundamentalist, he is now lodged in Central Prison, Palayamkottai and he has been involved in the following criminal cases. Life Convict Moosal @ Tada Moosa is the prime accused in all the following convicted cases.
1.Wuraiyur P.S. Cr.No.59/1999 u/s 302 IPC r/w 3 & 4 of Explosive Substances Act.
2.Payyangadi P.S. Cr.No.137/1999 u/s 120(b), 307 IPC r/w 3 & 4 of Explosive Substances Act.
3.Trissure CBCID Cr.No.105/1999 u/s.120(b), 307 IPC r/w 3 & 4 of Exp. Substances Act.
4.Trissure CBCID Cr.No.105/1999 u/s.120(b), 307 IPC r/w 3 & 4 of Exp. Substances Act.
5.Kasargode P.S. Cr.No.04/1999 u/s.120(b), 307 IPC r/w 3 & 4 of the Exp. Substances Act.
6.Triplicane PS Cr.No.695/1999 u/s.120(b), 307 IPC r/w 3 & 4 of Exp. Substances Act.
7.Chindadiripet F1 PS Cr.No.1253/1999 u/s/120(b), 307 IPC, r/w 3 & 4 of Exp. Substances Act.
8.Egmore F2 PS Cr.No.1018/1999 u/s.120(B), 307 IPC r/w 3 & 4 of Exp. substance Act.
9.Egmore F2 PS Cr.No.1163/1999 u/s.120(B), 307 IPC r/w 3 & 4 of Exp. Substances Act.
10.Contonement PS Cr.No.616/1999 u/s.120(b), 307 IPC r/w 3 & 4 of Exp. Substances Act.
11.Bazaar L&O B1 PS Cr.No.151/1998 u/s.148, 307 IPC r/w 3 & 4 of Exp. Substances Act. 25(1B)(a) Arms Act.
The case in Wuraiyur PS Cr.No.59/1999 is a sensational murder case in which one Dr.Sreedhar, a Hindu Front Leader, was brutally murdered which escalated into serious law and order problem in Tiruchi District. The case in Coimbatore bomb blast case in B1 PS Cr.No.151/1998, in which 58 persons died and 223 were seriously injured. This caused major law and order problem in Coimbatore City resulting serous Law & Order situations throughout Tamil Nadu. Apart from these two cases, the above mentioned other convicted cases are also sensational which affected the communal harmony throughout Tamil Nadu as well as the State of Kerala. He is also a dangerous and notorious Al-Umma fundamentalist.
It is ascertained that this life convict had already been enlarged on parole to attend the funeral ceremony of his mother was held on 03.09.2011 at Melapalayam. Any further enlargement on parole may lead to his escape from judicial custody. It is also unsafe and risk to provide bandobust to his residence at Melapalayam, which is a highly communally sensitive area in Tirunelveli City.
This is for favour of kind information."
9.The prisoner has been convicted for terrorist activity and the Commissioner of Police has strong objection to the prisoner being released on parole/emergency leave, as it is likely to cause major law and order problem and that it would be unsafe.
10.The learned counsel for the petitioner, on the other hand, placed reliance on the Certificate issued by Jamath.
11.On consideration and in view of the positive stand of the Commissioner of Police, that would not be safe to release the prisoner on parole, and his release is likely to cause law and order problem and also that the prisoner is involved in terrorist activities, no ground is made out to interfere with order of the jail Superintendent in rejecting the application for emergency leave.
12.Consequently, the writ petition is dismissed. No costs.
er To,
1.The Secretary to Government Home (Prison IV) Department, Secretariat, Chennai.
2.The Additional Director General of Prison, Egmore, Chennai-600 008.
3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.
4.The Superintendent of Police, Special Investigation Team (SIT) Chennai.