Madras High Court Allows Leave for Convicts Pending Appeal: Interim Order
The Madras High Court, in an interim order, has directed prison authorities in Tamil Nadu to process applications for ordinary or emergency leave filed by convicts whose appeals against conviction are pending before appellate courts. The order was issued by a five-judge Larger Bench led by Chief Justice Sushrut Arvind Dharmadhikari.
The bench, comprising Justices C.V. Karthikeyan, A.D. Jagadish Chandira, M. Nirmal Kumar, and Sunder Mohan, stated that the interim directive will remain in effect until the Supreme Court decides a related case and the High Court's reference is resolved. The order requires prison authorities to evaluate leave applications under the Tamil Nadu Suspension of Sentence Rules, 1982, and the guidelines set by a Full Bench in T. Ramalakshmi versus State of Tamil Nadu in 2025.
The Larger Bench also set aside a previous Division Bench order that directed the High Court Registry to not number petitions seeking leave for convicts with pending appeals. The court accepted the submission of amicus curiae Abudu Kumar Rajaratnam, who noted that the Supreme Court in Mukesh Kumar versus State is examining state-specific prison rules to formulate a nationwide policy, which could affect the reference.
The reference arose from a Division Bench's view that the 2025 Full Bench decision contradicted a 2011 co-equal bench ruling in State of Tamil Nadu versus Yesu. However, the Larger Bench prima facie found the 2025 decision to be correct. The court observed that legal uncertainty should not prejudice the liberty of convicts, and noted that Tamil Nadu has no other rules governing temporary release except the 1982 Rules.
Rejecting the argument that the term 'Suspension of Sentence Rules' implies that only appellate courts can grant suspension, the Larger Bench clarified that temporary leave—up to 40 days per year—does not interfere with the appellate court's power to suspend sentence. The court expressed appreciation for the amicus curiae's assistance in navigating complex constitutional issues.
