Madras High Court Grants Undertrials Right to Attend Relative's Funeral Without Interim Bail

The Madras High Court ruled that undertrial prisoners have the right to attend the funeral of close relatives without requiring interim bail, citing Article 25(1) and the principle of humane treatment.

The Court held that this right applies equally to convicted and undertrial prisoners and directed Tamil Nadu authorities to issue circulars enabling prison officials to grant temporary leave.

This came during a case where an undertrial’s mother died, and authorities lacked the power to grant leave.

The Court emphasised the right to mourn and perform religious duties as fundamental, rejecting procedural barriers as discriminatory and dehumanising. (Sarikathu Nisha v. Superintendent of Prison)