Can a 32-year-old life convict in a murder case avail of 1,050 days ordinary leave against a total of 1,363 days, on medical grounds? Holding in the affirmative, a division bench of the High Court comprising Justice KN Basha and Justice P Devadoss, on Wednesday, reiterated its earlier order directing the State government to bear the entire cost of treatment for the accused.
Abuthahir (32) was sentenced to life imprisonment by a Fast Track Court in May 2003 for murdering Madurai Central Prison Assistant Jailor Jayaprakash in 2000. He was also sentenced to seven years RI in the 2002 Coimbatore serial bomb blast case in October 2007. Finally, he was housed in the Kovai prison in 2008. Considering his medical condition, the prison authorities themselves had granted ordinary leave on 11 occasions, each for 90 days. The HC granted leave on the last two occasions. Meanwhile, his brother Sikandhar Basha moved the HC with a habeas corpus writ plea seeking his premature release. The State also preferred an appeal challenging the last order of a single judge, who granted ordinary leave for 90 days.
Advocate-General A Navaneethakrishnan contended that as per Sec. 22(3) of the TN Suspension of Sentence Rules, a prisoner should be granted the second spell of leave not exceeding one month after the completion of two years of imprisonment from the date on which the accused returned from the last ordinary leave. Basing on the medical report, he said Abuthahir could be treated by the doctors in the prison or at the government hospital. If the required facility was not available, he might be referred to a private hospital and treated as an out-patient or inpatient, if needed, for a particular period, he added.
Advocate M Radhakrishnan, appearing for Basha, submitted that under Section 40, the government was empowered to grant exemption to any person from all or any of the provisions of the Rules. Hence, there was no illegality in granting the relief of 90 days ordinary leave repeatedly.
The counsel for petitioner, argued that the main relief sought for in the HCP was the premature release of Abuthahir on the ground of his incurable disease and the same might be left open. After giving its careful consideration to the rival contentions and perusing the materials on record and referring to the judgments of the Supreme Court, the bench observed that Radhakrishnan had rightly contended that the government had power to grant exemption.