Madras High Court allows jailed son to attend mother's final rites despite bar in State rules

Rules can be mended to ensure that a son is not deprived of attending his mother's final rites, said the Madras High Court recently while granting leave from prison for two days to a man (son) and his maternal uncle [P Gunasekaran vs Deputy Inspector General (Prisons)]..Notably, the two jailed men had been convicted under the stringent Narcotics Drugs and Psychotropic Substances Act (NDPS Act), which disqualified them from being considered for leave from prison under the State's rules..Nevertheless, a division bench of Justices J Nisha Banu and KK Ramakrishnan allowed the grant of leave to the two convicts, considering the importance of the 16th day rites ceremony and also the relationship between the two convicts and the deceased woman."Considering the relationship and the importance of the ceremony, which attaches a lot of sentimental value for a son and brother, we are of the considered opinion that Rules should not come in the way and stop the son and brother from attending the ceremony," the Court said in its January 5 order. .The bench acknowledged that the Tamil Nadu Suspension of Sentence Rules, 1982 were meant to bring consistency while granting leave to convicted 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 added..The Court passed the order on a petition by one, Gunasekaran (petitioner), the deceased woman's father.He urged the Court to grant leave to his son and his daughter's son, both of whom were lodged in the Madurai Central Prison, so that they could attend the final rites of the deceased woman who passed away on December 23, 2023. Gunasekaran had earlier made a representation before the prison authorities seeking the temporary release of the two convicts for four-five days. However, this representation was turned down on December 28, 2023, while the final rites were to take place on January 6, 2024.Therefore, the petitioner moved the High Court with a writ petition for relief. The State authorities told the Court that after an amendment made in 2022, an additional clause was added in the Tamil Nadu Suspension of Sentence Rules, 1982 whereby prisoners convicted for heinous offences were made not entitled to ordinary leave. The category of such persons included those convicted under the NDPS Act, the Court was told. The Court, however, granted two days of leave (January 6 and January 7) for the convicts to attend the final rites ceremonies, considering it to be a "special" case.The two prisoners were ordered to return to jail by the evening of January 7 and also bear the costs of the police escort..Advocate A Joseph Jerry appeared for the petitioner. Additional Public Prosecutor S Ravi represented the State. .[Read Order]