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2003 Supreme(Mad) 182
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. SATHASIVAM
Nagarajan - Appellant
Versus
The State of Tamil Nadu & Others - Respondents
Writ Petition No.2023 of 2003, WPMP.No.2530 of 2003
Decided On : 07 February 2003
Exceptions can be made for administrative convenience, safety, and security in transferring a detenu, but the detenu should generally be kept in a place within the environs of his ordinary place of residence.
Headnote:
Unlawful Activities - Transfer of Prisoner - Unlawful Activities (Prevention) Act, 1967, Prevention of Terrorism Act, 2002, Indian Penal Code - Section 13(1)(a), Section 21(2) & (3), Sections 109 and 120(B) of Indian Penal Code
Fact of the Case:
The petitioner, a member of MDMK, sought transfer from Central Prison, Tiruchirappalli to Central Prison, Madurai due to his family's proximity to Madurai and his mother's illness. The court considered the petitioner's request for transfer and the prison authorities' decision to transfer him based on safety and security concerns.
Finding of the Court:
The court found that the petitioner's request for transfer was not justified based on safety and security concerns, and the petitioner had been allowed regular visits from relatives and friends. The court dismissed the writ petition and the connected WPMP.
Issues: The main issue was whether the petitioner was entitled to transfer from Central Prison, Tiruchirappalli to Central Prison, Madurai.
Ratio Decidendi: The court held that while a detenu should be kept in a place within the environs of his ordinary place of residence, exceptions can be made for administrative convenience, safety, and security. The decision to transfer the petitioner was justified based on safety and security concerns.
Final Decision: The court dismissed the writ petition and the connected WPMP, ruling that the petitioner's request for transfer to Central Prison, Madurai was not justified.
The petitioner, a member of Marumalarchi Dravida Munnetra Kazhagam (in short "MDMK") and detained in Central Prison, Tiruchirappalli under Section 13 (1) (a) of the Unlawful Activities (Prevention) Act, 1967, Section 21 (2) & (3) of the Prevention of Terrorism Act, 2002 and Sections 109 and 120 (B) of Indian Penal Code, has filed the above writ petition to issue a writ of mandamus directing the respondents to transfer him from Central Prison, Tiruchirappalli to Central Prison, Madurai forthwith.
2. The case of the petitioner is briefly stated hereunder:
According to him, he is a member of MDMK and his party, namely MDMK had decided to conduct a public meeting to celebrate party's 9th year anniversary and propagate the policy and achievements of the party and to invite the party functionaries to participate in the said public meeting. The public meeting was held on 29.06.2002 at Thirumangalam, Madurai District. Based on the complaint of one Thangavel, Inspector of Police, Thirumangalam, the Deputy Superintendent of Police, Thirumangalam registered a case against the petitioner and eight others including Thiru Vaiko under Section 13 (1) (a) of the Unlawful Activities (Prevention) Act, 1967, Section 21 (2) & (3) of the Prevention of Terrorism Act, 2002 and Sections 109 and 120 (B) of Indian Penal Code. The petitioner was arrested on 09.07.2002 along with others and produced before the learned Judicial Magistrate, Thirumangalam. The learned Judicial Magistrate, Thirumangalam remanded all of them under judicial custody till 07.08.2002. After remand, they were all taken to Central Prison, Madurai. Though all were arrested in the same crime number and remanded by the same Judicial Magistrate at Thirumangalam, Madurai District, A. Ganesamoorthy and Pullover Sivanthiappan were lodged in the Central Prison, Madurai, Vera. Ilavarasan and M. Bominathan were taken to Central Prison, Salem, P.S. Manian, Alagusundaram, Madurai Ganesan and the petitioner were taken to Central Prison, Tiruchirappalli. Thereafter, the petitioner was produced before the Special Court for trial under the Prevention of Terrorism Act, 2002 Chennai at Ponamallee on 07.08.2002. His remand was extended further from time to time. The petitioner is a permanent resident of Thirumangalam and all of his family members and friends are residing in and around Thirumangalam. His mother, aged about 72 years was suffering from Bone Cancer. She is unable to visit him, he applied to the Director General of Prisons, Chennai to transfer him from Tiruchirappalli Prison to Madurai Prison, so that his mother can visit him. The said request was sent through the Superintendent of Central Prison, Tiruchirappalli, but the second respondent did not consider the same favourably and he was orally informed by the Superintendent of Central Prison, Tiruchirappalli that his request has been turned down. In such a circumstance, having no other remedy, filed this writ petition invoking the jurisdiction under Article 226 of the Constitution of India.
3. Pursuant to the direction of this Court, the learned Public Prosecutor received instructions from the Additional Director General of Prisons, Chennai 8 - second respondent herein. According to the second respondent, the petitioner and seven others concerned in Thirumangalam Town Police Station Crime No.280/02 under Section 13 (1) (A) Unlawful Activities (Prevention) Act, 1967, Section 21 (2) and (3) of POTA and Sections 109 and 120 (B) of Indian Penal Code were remanded to judicial custody by the Judicial Magistrate, Thirumangalam on 09.07.2002 and they were admitted in Central Prison, Madurai on the same day. The Superintendent, Central Prison, Madurai in his telex message dated 10.07.2002, reported to the Additional Director General of Prisons, Chennai that only one high security block is provided for the accommodation of Muslim Fundamentalist prisoners, that 35 Muslim Fundamentalist prisoners were confined in his prison and the present po
