Draft norms on emergency leaves for remand prisoners, Madras HC tells TN govt

CHENNAI: Noting that the remand prisoners are at plight to knock on the doors of the court to obtain a day's leave, the Madras High Court put forth a serious question, what if a blood relative of the prisoner died during holidays or the prisoner is not in a position to approach the lawyers and courts.

Since there is no provision in the suspension of sentence rules, 1982, to grant leave to the remand prisoner by the jail authorities, a division bench of Justice SM Subramaniam and Justice M Jothiraman directed the State to issue suitable guidelines enabling remand prisoners to obtain a minimum of one day’s leave on the account of funeral or performing last rites to the blood relatives, especially mother or father.

Considering that the remand prisoners have to approach the court for interim bail to perform the last rites or to participate in the funeral, the bench wrote that the remand prisoner should be temporarily released on execution of his own bond and by the jail authority or the government.

The bench ordered that while granting such a leave order, it was necessary not to impose any other condition during such emergent circumstances.

The bench issued the directions while disposing of a petition moved by Aruldoss seeking permission to grant leave to his son Sathish, a remand prisoner in Puzhal Central prison.

The petitioner submitted that since his wife died and Sathish is their only son, he sought the court to grant him leave to perform last rites to his mother.

After hearing the case, the bench granted a day’s leave to Sathish to perform funeral rites with a condition to execute a bond of Rs 5000 and disposed off the petition.