CHENNAI: A larger bench comprising five judges headed by Chief Justice Sushrut Arvind Dharmadhikari has lifted the curb on entertaining applications seeking parole for life convicts when their appeals against conviction are pending, and directed the registry of the court to list such applications for hearing.
The five-judge bench, also comprising justices CV Karthikeyan, AD Jagadish Chandira, M Nirmal Kumar and Sunder Mohan, was constituted following a reference made by a division bench which also directed the registry not to list such petitions until the issue is decided.
The reference is whether leave under TN Suspension of Sentence Rules, 1982, can be granted under Article 226 of the Constitution when appeal against conviction is pending before the HC or SC.
The larger bench, in its recent order, said the operation of direction of the order dated November 19, 2025 which restrained the Registry from entertaining applications for emergency or ordinary leave under the Suspension of Sentence Rules, 1982 is hereby “kept in abeyance”. It directed the registry to entertain petitions regarding parole to convict-prisoners.
Holding that the decision in the T Ramalakshmi case currently represents the most comprehensive and modern interpretation of the 1982 Rules, the bench said it is the most suitable precedent to govern the field until a higher authority directs otherwise.
The bench ordered the prison authorities to process the applications for emergency and ordinary leave. The five-judge bench has taken this decision following the submissions of amicus curiae Abudu Kumar Rajaratnam that the SC has seized of the matter in Mukuesh Kumar case and is contemplating bringing in “Pan-India” rules for governing granting parole to convict-prisoners.
It said the court is of the view that leave and temporary release are facets of human dignity that cannot be suspended indefinitely merely due to the pendency of a judicial appeal.The bench adjourned the hearing until the SC decides on the Mukesh Kumar case.
