NIA undertrial granted 4 days to be with ailing father High

While disposing a petition moved by an undertrial prisoner now confined in Central Prison by the National Investigation Agency (NIA), Justice Anand Venkatesh said, “Considering the age of the father of the petitioner, who is suffering from cancer and who is in a very critical condition, this court is inclined to grant leave to the petitioner to visit his father and spend time with him for a couple of days. After all, the old man will feel happy to spend his last days with his son.”

While Kalailingam alias Kalai had moved the plea seeking for a leave of 10 days to be with his father, who is in a very critical condition, Special Public Prosecutor R Karthikeyan appearing for NIA, opposed granting of leave on the basis that the petitioner was accused of being involved in a very serious offence. He said the case was at the stage of trial and granting leave for 10 days would seriously affect the proceedings. There was also a chance that the petitioner would indulge in committing offence or threaten witness, the counsel added. He also noted that the brother of the petitioner, a co-accused in this case, had approached the trial court for similar relief and was permitted to visit his house for a day with adequate security.

However, Justice Anand Venkatesh granted four days’ leave from May 13 to May 16, but imposed certain conditions which included that the petitioner should not move out of his house during the entire stay and that there should be no visitors to meet the petitioner at the time of his stay with his father.

The petitioner should not have any access to mobile phone and the only purpose of granting leave to the petitioner was to be with his ailing father during his last days, Justice Anand Venkatesh added.