Giving a humane interpretation to a prison rule which denies grant of ordinary leave to prisoners facing trial in criminal cases, the Madras High Court Bench here has held that the term ‘shall’ used in the statutory rule should be construed as ‘may’ to grant the benefit of leave in genuine cases and for legitimate causes on humanitarian grounds.
Justice S. Vimala said: “In other words, there may be circumstances under which it may be inhuman to say ‘no’ to the request for leave. Therefore, construing the term ‘shall’ found in Rule 35 of Tamil Nadu Suspension of Sentence Rules, 1982 as mandatory would compel the authorities to pass orders which may cause injustice to prisoners and their relatives.”
Pointing out that Rule 35 states that no prisoner against whom a case is pending trial shall be granted leave, the judge said that while interpreting a statutory rule, “regard must be given to the context, subject matter and object of the statutory provision in question in determining whether the usage of the term ‘shall’ in the rule is mandatory or directory.”
The judge went on to state: “There may be several circumstances for the prison authorities to consider the request for leave on account of death of blood relatives or marriage of kin or to get medical treatment and so on… Only if the provision is construed as ‘may,’ the benefit of the rule would go not only to prisoners but also to the administrator in maintaining a healthy relationship with the prisoner.”
She made the observations while disposing of a writ petition filed by the wife of Nalla Maruthu alias Maruthu, one of the convicts in the 1997 murder of Communist Party of India (Marxist) councillor Leelavathi, seeking a direction to Madurai Central Prison Superintendent to release him on parole so that he could arrange finance for the higher education of their son who had completed Plus Two this year. It was represented that the premature release of Maruthu was cancelled since he was found to be involved in two other criminal cases and that he was now facing trial in both the cases.
The judge quashed an order passed by the Superintendent on June 6 rejecting the plea for leave and directed him to be released for six days along with escort in civil dress at State cost.
