Madras HC allows remand prisoner to attend his mother’s funeral

CHENNAI: The Madras High Court granted liberty to a remand prisoner to attend his mother’s funeral considering the emergency situation.

On Friday, though the High Court was declared as holiday, a division bench of Justice SM Subramaniam and Justice K Rajasekar sat to hear an emergency petition moved by Sarikathu Nisha, sister of the detenue Barakathullah, who is in Puzhal prison.

She alleged that her mother had died on April 18, and sought permission to grant 10 days leave for her brother, so he can attend the funeral which is scheduled on April 19 at Ramanathapuram. Additional public prosecutor R Muniyapparaj submitted that in the absence of rules under Tamil Nadu Suspension of Sentence Rules, 1982, neither the government nor the prison authorities are in a position to grant leave to a prisoner under judicial custody.

The bench held that the dead person has a right for dignified burial, and granted permission to Barakathullah to attend the funeral.

The bench directed the prison authorities to release him on April 18 with an escort to attend the funeral, and surrender on April 20. “The leave is limited to attending the funeral. The detenue should not indulge in any other activities,” added the bench.