Ordinary leave cannot be granted to convict/detenu in absence of any complaint regarding unlawful detention of convict.

Relatives of convict filed writ of habeas corpus under Art. 226 of Constitution of India for grant of ordinary leave for one month to convict/detenu. Grant of emergency or ordinary leave, amounts to a suspension of sentence in the exercise of executive power of State. The power of the Court to grant emergency or ordinary leave is discretionary, and such leave cannot be claimed as a matter of right.

This celebrated writ of habeas corpus alluded to as the "great constitutional privilege" and "the first security of civil liberty", is a swift and effective remedy against illegal detention. Also, a complaint of unlawful detention is a sine qua non for maintaining a petition for habeas corpus under Art. 226 of Constitution of India.

Equally, where detention is under an order passed by a court of competent jurisdiction, a petition for habeas corpus cannot lie. It is not disputed that none of the cases in question was related to any complaint of unlawful detention which is a sine qua non for maintaining a petition for habeas corpus. Where detention is under an order passed by a Court of competent jurisdiction, a petition for habeas corpus cannot lie. Prayers sought in habeas corpus petitions for grant of ordinary leave to convict/detenu are not maintainable.

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