In a recent decision by the Madras High Court, the court decided not to allow leave for prisoners whose appeals are still waiting to be heard. This decision affects several cases, including that of Sheefa Rani, who asked for leave for her husband Balu, a prisoner serving a life sentence.
Sheefa Rani asked for six days of emergency leave for her husband, Balu, who is currently serving a life sentence. The request was based on compassionate reasons, but the court turned it down, pointing out previous legal decisions.
"The court cannot grant leave to prisoners with pending appeals," the decision stated.
The case depended on how the Tamil Nadu Suspension of Sentence Rules, 1982, were understood. These rules allow for emergency and regular leave but have been understood differently over time. The court referred to a past decision in the case of K.M. Nanavati, which set limits on granting leave when appeals are still waiting.
There have been different decisions about how these rules should be applied. Some judges allowed leave, while others did not, causing confusion. The recent decision aims to clear this up by agreeing with the larger group's decision in Nanavati's case.
Due to the different interpretations, the court has called for a larger group of judges to make a final decision. Until then, no leave requests will be considered for prisoners with pending appeals.
"The matter needs a larger group of judges for a clear decision," the judges noted.
The decision affects other requests, including those made by Amul, Kuppu, and R. Rajeswari, all asking for leave for family emergencies. All these requests were denied for the same reasons.
The decision by Justices N. Sathish Kumar and M. Jothiraman affects many families seeking temporary relief for their incarcerated loved ones.
