Madras High Court
Baby vs The Principal Secretary To Government on 30 December, 2016
Author: R.Mahadevan
Bench: R.Mahadevan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.12.2016
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P(MD)No.25091 of 2016
Baby ... Petitioner
Vs.
1.The Principal Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Chennai - 9.
2.The Inspector General of Police (Law & Order),
Tiruchirappalli.
3.The Superintendent of Central Prison,
Central Prison,
Tiruchirappalli.
4.The Inspector of Police,
Manalmedu Police Station,
Nagapattinam District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus directing the third respondent to release the
husband of the petitioner, namely, Manickam, son of Govindasamy, detained at
Central Prison, Trichy, in Detention Order No.C.O.C.No.81/2016, dated
15.12.2016, in parole for the period of two weeks for attending the funeral
ceremonies and other last rites and rituals as per the religious sentiments
to his deceased father, namely, Govindasamy, at Aathoor Village, Nagapattinam
District.
!For Petitioner : Mr.M.Selvendran
for Mr.N.Mohideen Basha
^For Respondents : Mr.D.Muruganantham
Additional Government Pleader
:ORDER
The petitioner is the wife of the detenu, namely, Manickam, who has been detained under the Act 14 of 1982 by branding him as a 'Goonda', by the District Collector, Nagapattinam District, vide Detention Order No.C.O.C.No.81/2016, dated 15.12.2016.
2. The wife of the detenu has submitted a representation to the respondents stating that the father of the detenu, namely, Thiru.Govindasamy, died at about 09.00 a.m., on 29.12.2016 and the detenu being the only son of the said Thiru.Govindasamy, is to be present for performing the final rites and therefore, prayed for two weeks' parole/leave to perform the said ceremonies which is also his pious obligation.
3. According to the petitioner, though the respondents had acknowledged the said representation, they have not responded and therefore, filed the present petition praying for appropriate direction, directing the release of the detenu temporarily on parole/leave to perform the final rites on account of his father's demise.
4. Mr.M.Selvendran, learned Counsel for the petitioner/wife of the detenu, inviting the attention of this Court to the representation dated 29.12.2016, submitted to the respondents as well as the affidavit filed in support of this petition, would submit that the father of the detenu is no more and his performing final rites is absolutely essential and necessary and therefore, prayed for his temporary release/parole/leave.
5. Per contra, Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents for the respondents has confirmed that the father of the detenu died on 29.12.2016, however, seriously opposed the prayer that he should be granted temporary release/parole/leave for a period of two weeks'.
6. This Court, after taking into consideration the rival submissions and upon perusal of the materials available on record, is of the view that the husband of the petitioner/detenu, namely, Manickam, son of Govindasamy, concerned in Detention Order No.C.O.C.No.81/2016 dated 15.12.2016, is to be granted temporary release/leave/parole to perform the final rites and other related ceremonies of his deceased father, namely, Thiru.Govindasamy.
7. In the result, this writ petition is ordered, with the following directions:
(i) The respondents are directed to release the detenu, namely, Manickam, son of Govindasamy, who is detained as per the Detention Order No.C.O.C.No.81/2016 dated 15.12.2016, passed by the District Collector, Nagapattinam District, on temporary release/leave/parole, to perform the last rites to his father, on 30.12.2016, on condition that the said Manickam, son of Govindasamy, shall report back to the third respondent
- the Superintendent of Prison, Trichy Central Prison, Trichy, on the same day, i.e. 30.12.2016;
(ii) Sufficient escort with vehicle shall be provided to accompany the said Manickam, son of Govindasamy, free of cost.
(iii) During parole, the detenu shall abide all the conditions prescribed in the Jail Manual and he shall be brought back to the Prison on 30.12.2016 itself;
(iv) The Superintendent of Prison, Trichy Central Prison, Trichy, is directed to file a compliance report before this Court on 02.01.2017.
(v) It is also made very clear that the petitioner and the detenu under the guise of this temporary release/leave/parole shall not misuse the liberty.
To
1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.
2.The Inspector General of Police (Law & Order), Tiruchirappalli.
3.The Superintendent of Central Prison, Central Prison, Tiruchirappalli.
4.The Inspector of Police,
Manalmedu Police Station,
Nagapattinam District. .