“Even Prisoner Who Committed Heinous Crime Entitled To Be Treated As Human”: Madras HC Allows Convicts To Attend Mother's Death Ceremony

Justice J Nisha Banu and Justice KK Ramakrishnan noted that rules regarding ordinary leave to prisoners were meant to bring consistency while granting leave but these rules had to be mended when it came to the relationship between a mother and son. The court added that it was tyrannical to deprive a son from attending his mother's death ceremony.

“Rules are meant to bring consistency while granting leave to the convict prisoners and to keep the movement of the convicts outside the jail under control. But, however, when it comes to the relationship between a mother and a son, the Rule has to be mended and it will be tyrannical to deprive a son from attending death ceremony of his own mother. After all even a prisoner, who has committed a heinous crime is entitled to be treated as a human being and such a right is guaranteed under Article 21 of the Constitution of India,” the court observed.

The court was hearing a plea seeking directions to the Superintendent of Central Prison to grant leave of five days to the petitioner's son and grandson to attend the death ceremony of her daughter.

The Additional Public Prosecutor objected to the petition and informed the court that as per Clause H of Rule 21 of the Tamil Nadu Suspension of Sentence Rules 1982, the category of prisoners convicted for heinous offenses was not entitled to ordinary leave. He submitted that the detenus were convicted for an offence under the NDPS Act and hence, would not be entitled to ordinary leave.

The court noted that in the present case, leave was being sought to attend the 16th-day ceremony of the mother and sister of the detenus respectively. Considering the importance of the ceremony and the sentimental value it had for a son and a brother, the court opined that Rules should not stop the son and brother from attending the death ceremony and thought it fit to grant them leave.

Counsel for the Petitioner: Mr.A.Joseph Jerry

Counsel for the Respondent: Mr.S.Ravi, Addl. Public Prosecutor

Citation: 2024 LiveLaw (Mad) 19

Case Title: P Gunasekaran v The Deputy Inspector General (Prison)

Case No: W.P(MD)No.229 of 2024