The main legal point established is the authority of the Superintendent to conduct inquiries and impose penalties for prison offences in accordance with the Prison Rules and relevant legal provisions.

P.N.PRAKASH, J.

The petitioner in this HCP is one Kanchana, whose son Vijayan is a life convict, CT No.1547, and who is serving sentence of life imprisonment in the Central Prison, Puzhal-I.

2. It is the case of the petitioner that, the jail authorities foisted a case on her son as if he was in possession of Ganja, and without any enquiry imposed punishment of denial of interview for three months. She sent a representation dated 28.03.2013 to jail authorities, in which she has sought for an enquiry into the allegation. As there was no response to her representation, she has come up with this Habeas Corpus Petition, praying for a direction to the authorities to hold an enquiry under the Prison Rules and pass appropriate orders.

3. On notice to the respondents, a counter affidavit has been filed by Thiru S.Parameswaran, the Superintendent of Prisons, Central Prison, Puzhal, Chennai. In his counter affidavit he has stated as follows:

"3. I humbly submit that the content made by the petitioner is false. The Life Convict Prisoner-1547, Viji @ Vijayan was involved in illegal activities in Central Prison - 1, Puzhal based on information on 04.03.2013 at 22.00 P.M. in Associate Block - I, 15th dormentry cell the search was conducted by the special searching team prison wardens. In that search the contraband Item Ganja measure about 100 gm was seized from a bag own by the petitioners son/Life Convict Prisoner.

4. I humbly submit that the same was recorded in the Jailor Report book no.16 Page 299 by then Jailor and enquiry was conducted by the Superintendent and the extract of the Jailor report book as follows:-

“TAMIL”

5. I humbly submit that based on the Jailor report book a complaint was given at M3 Puzhal Police Station as per Rule and the same was registered in Cr.No.421/13, u/s 20(b) of NDPS Act read with 42 of Prison Act. Now this case was pending before the Hon'ble JM-Tiruvottiyur Court, Chennai and the convict Prisoner got bail on this case on 25.05.2013."

We also summoned the records from the prison and found the entries in the Jailor Report Book No.16, which has been extracted in the affidavit.

4. Mr.R.Sankarasubbu, the learned counsel for the petitioner placed reliance upon the following two Judgments in support of his prayer:

(i) State of Haryana vs. Ghaseeta Ram [(1997) 3 SCC 766]

(ii) S.Nalini vs. State of Tamil Nadu [2013 (4) MLJ (Crl) 354]

5. To appreciate the contentions of Mr.R.Sankarasubbu, it may be relevant to extract certain provisions of law touching upon this subject. Section 59 of the Prisons Act, 1894 empowers the State Government to frame Rules consistent with the Act touching upon several subjects and we are now concerned with only 4 aspects in this case.

[a] “59. Power to make rules.” [The State Government may] make rules consistent with this Act”

(1) defining the act which shall constitute prison-offences;

(2) determining the classification of prison-offences into serious and minor offences;

(3) fixing the punishments admissible under this Act which shall be awardable for commission of prison-offences or classes thereof;

(4) declaring the circumstances in which acts constituting both a prison-offence and an offence under the Indian Penal Code (Act 45 of 1860) may or may not be dealt with as a prison-offence;

[b] The relevant portion of Section 45 of the Prisons Act is as under:

"45. Prison-offences.” The following acts are declared to be prison-offences when committed by a prisoner:-

(1) such wilful disobedience to any regulation of the prison as shall have been declared by rules made under section 59 to be a prison-offence;

(2) any assault or use of criminal force;

(3) the use of insulting or threatening language;

(4) ......

(5) .....

(6) ......

(7) ......

(8) ......

(9) .......

(10) .......

(11) .......

(12) receiving, possessing or transferring any prohibited article;"

[c] In exercise of powers conferred by Section 59 of the Prisons Act, the Government of Tamil Nadu has framed the Tamil Nadu Prison Rules, 1983 and by vi