The Madras High Court has clarified that an eligible prisoner’s 40 days of annual ordinary leave may be taken in two instalments within the same year.
The case concerned S. Babu, a life convict whose request for 14 days’ leave without escort was rejected because he had taken leave earlier in 2026. In its 12 October 2026 order, the court said the prison authorities’ interpretation would defeat the rule permitting two instalments by effectively forcing prisoners to take all 40 days at once.
The bench held that both instalments may be used within one year from the first day of the first instalment. The separate one-year interval under Rule 22(3) begins after the second instalment ends, or after one year from the end of the first instalment if no second instalment is used. It ordered 14 days’ leave without escort, subject to reporting and surrender conditions.