Life convicts can avail 40 days of annual leave in two instalments, rules Madras High Court
Justices Anita Sumanth and Sunder Mohan hold that prison authorities cannot compel the convicts to avail the leave only once a year
The Madras High Court has ruled that life convicts are entitled to 40 days of annual leave, split into two instalments, without being forced to take the leave all at once. The Division Bench clarified that the term 'spell' in Rule 22(2)(c) should be read as 'instalment' to avoid confusion with the term in Rule 22(3). Life convicts who have served 14 years in prison can avail themselves of this leave, provided they request it in two separate periods within a year.
The court emphasized that the prison authorities cannot compel convicts to take the leave all at once, as the original rules potentially implied otherwise. The decision was made in response to a writ petition filed by life convict S. Babu, who was denied 14 days of leave due to his previous accrual of 26 days. The court clarified that the 40-day leave can be taken in two instalments within one year, and the next entitlement would commence a year after the second instalment.
The judges also dismissed the prison's argument that the petitioner's absconding during leave periods would disqualify him from future leave requests.
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