M. Rishana Banu v. Government of Tamil Nadu Rep by Home Secretary, Chennai
2012-04-16
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner has approached this Court with a prayer for issuance of writ in the nature of Mandamus, directing the respondents to release husband of the petitioner Thiru Amanullah, life convict No.6580 lodged at Central Prison, Coimbatore on parole. 2. Thiru Amanullah was convicted in a murder case and sentenced to life imprisonment in the year 1998. The petitioner has already undergone sentence of 14 years in jail. The petitioner is therefore eligible for premature release under the Government Order No.1762/87. 3. Prior to filing of this writ petition, mother of the convict had filed W.P.No.11806 of 2011 for release of convict on parole to solemnize his marriage. This Court passed a detailed order and allowed parole of 17 days for petitioner for marriage. The petitioner, on expiry of parole, surrendered to the jail authorities. 4. The petitioner, wife of the convict, has now approached this Court for parole of the convict for baby shower ceremony, which was fixed on 30.01.2012. 5. The petitioner, instead of filing application under Rule 23 of the Tamil Nadu Suspension of Sentence Rules, 1982, addressed a representation to the Home Secretary, for grant of parole to the convict for baby shower ceremony, as no action was taken thereon, the petitioner has approached this Court for grant of parole to attend the ceremony. 6. The prayer in this writ petition has been rendered infructuous, as the date fixed for the ceremony is already over. 7. This writ petition is opposed by learned counsel for the State, on the ground that the petitioner is not entitled to release under the Tamil Nadu Suspension of Sentence Rules, 1982, as the appeal filed against the conviction is pending before the Hon'ble Supreme Court. 8. The "sentence" has been defined under Rule 2 of the Tamil Nadu Suspension of Sentence Rules, 1982, which reads as under: "2(4) "Sentence" means a sentence as finally fixed on appeal or revision or otherwise and includes an aggregate of more sentence than one. Sentences in default of fine shall not be taken into consideration while fixing eligibility for being released on leave." 9.
Sentences in default of fine shall not be taken into consideration while fixing eligibility for being released on leave." 9. It is not disputed, that appeal is pending in the Hon'ble Supreme Court, the remedy, therefore, with the petitioner is to approach the Hon'ble Supreme Court, for grant of temporary bail / bail as the convict is not covered under the Tamil Nadu Suspension of Sentence Rules, 1982. The relief claimed does not fall within the jurisdiction of this Court at this stage, because of the pendency of appeal before the Hon'ble Supreme Court. 10. Consequently, this writ petition is disposed of, with liberty to petitioner to approach the Hon'ble Supreme Court for grant of bail/ temporary bail / parole, in view of the fact that the convict has already undergone more than 14 years of sentence. 11. No costs. Connected miscellaneous petition is closed.