Back
IN THE HIGH COURT OF MADRAS AT MADURAI BENCH
G.R. Swaminathan, J.
V. Radhakrishnan – Appellant
Versus
The State of Tamil Nadu and Ors. – Respondents
WP (MD) No. 15664 of 2019 and WMP (MD) No. 12339 of 2019
Decided On : 19-07-2019
Prisons Act, 1894 - Section 59 - Transfer of Prisoners Act, 1950 - Section 3 - Tamil Nadu Prison Rules, 1983 - Articles 14, 19 and 21 – Constitution of India, 1950 - Life imprisonment - Prison authorities to protect human rights of prisoners – Appeal against conviction - Availing said liberty petitioner submitted a representation – Thereupon Inspector General of Prison Chennai - 8 transferred the petitioner from the Central Prison to Central Prison, Madurai for a period of three months. Apprehending that would be re-transferred to Central Prison following the expiry of three months period, he submitted one more representation authorities to retain him at Madurai Central Jail itself. Since no order was passed thereon present writ petition came to be filed - This Court directed the learned Government Counsel to obtain instructions from authorities and report to court learned Government Counsel produced the communications from the Superintendent of Prison, Madurai and Superintendent of Prison recommending that petitioner can be kept at Madurai Central Prison permanently. But then, it was submitted that final decision will have to be taken only by the Inspector General of Prisons – Held, Of course, one must not forget the cautionary note sounded by Supreme Court in When a dreaded prisoner was sought to be transferred from one State to another, he contended that his right to fair trial will be affected - Rejecting the same, it was held that the right to fair trial is not singularly absolute and that it takes in its ambit and sweep the right of the victim and the society at large - One can therefore safely conclude that subject to considerations of security prison discipline and public interest, the competent authority is obliged to respect the choice of the convict prisoner - A convict prisoner is entitled to call upon the authority to house him in a prison where the rights conferred by the Mandela Rules can be better exercised. choice of the convict prisoner can be governed by a variety of factors. One such factor can be the proximity of the prison to the place where his family resides - A prisoner is also a fellow human being and not a soul-less chattel - In the case on petitioner has proved to be of good character - He has even authored a poetry book - His mother she wants to visit her son as often as possible prison authorities have also recommended that petitioner can be kept at Madurai permanently - Court therefore direct the second respondent to issue proceedings permitting retention of the petitioner at Central Prison Madurai to undergo remaining part of his punishment period - Of course if circumstances warrant authority is always at liberty to pass appropriate orders transferring petitioner to some other prison - Petition stands allowed
ORDER :
G.R. Swaminathan, J.
1. The writ petitioner was a death row convict. Following the acceptance of his clemency petition, the death sentence was commuted to life imprisonment with a condition that he shall remain in prison for the whole of the remainder of his natural life. There shall be no remission of the term of imprisonment. The petitioner has been in prison for a quarter of century. He was originally housed in Trichy Central Prison. His mother wanted the petitioner to be transferred to Madurai Central Prison as Madurai is situated closer to her residence. Her request found favour with a learned Single Judge of this Court. But the prison authorities filed WA(MD) No. 1272 of 2014 and the Division Bench by order dated 27.11.2018 set aside the order of the learned Single Judge. The Division Bench took the view that there is no provision in the prison rules to consider the application of a prisoner's relative for transfer. But then, liberty was given to the petitioner herein to submit a fresh application for transfer. It was directed that the same shall be considered on any of the grounds enumerated under Rule 568 of the Tamil Nadu Prison Rules, 1983.
2. Availing the said liberty, the petitioner submitted a representation dated 20.02.2019. Thereupon, the Inspector General of Prison, Chennai - 8 transferred the petitioner from the Central Prison, Trichy to Central Prison, Madurai on 22.04.2019 for a period of three months. Apprehending that he would be re-transferred to Trichy Central Prison following the expiry of the three months period, he submitted one more representation dated 23.05.2019 requesting the authorities to retain him at Madurai Central Jail itself. Since no order was passed thereon, the present writ petition came to be filed.
3. This Court directed the learned Government Counsel to obtain instructions from the authorities and report to the court. The learned Government Counsel produced the communications from the Superintendent of Prison, Madurai and the Superintendent of Prison, Trichy recommending that the petitioner can be kept at Madurai Central Prison permanently. But then, it was submitted that the final decision will have to be taken only by the Inspector General of Prisons, Chennai - 8.
4. The issue is where the prisoner is to be kept? Can this be left to the absolute and unfettered discretion of the Inspector General of Prisons or the State Government? Does the prisoner have no choice in the matter? Can he not call upon the authority to accommodate him in a particular prison which is situated close to the place of his family?
5. The Prisons Act, 1894, the Prisoners Act, 1900 and Transfer of Prisoners Act, 1950 are some of the statutes governing prison administration. Section 59 of the Prisons Act, 1894 empowers the State Government to make rules for carrying into effect the purposes of the Act. The State of Tamil Nadu had enacted the Tamil Nadu Prison Rules, 1983. Rule 5 states that the prisoners sentenced to imprisonment for life and those for a period exceeding one month convicted and sentenced by the courts in the districts mentioned in column (2) of the table shall be committed to the prison mentioned in the corresponding entry in column (1) of the table. Chapter 30 of the Prison Rules contains provisions regarding transfer of prisoners from one prison to another. Some of the relevant provisions in the said Chapter are as follows:
(i) For custody and treatment in a suitable institution in accordance with the classification, procedure;
(ii) For attendance in Court for the purpose of standing trial, or giving evidence;
(iii) On medical grounds;
(iv) On humanitarian grounds, in the interest of their rehabilitation;
(v) For post-release vigilance by the police;
(vi) For providing essential services;
(vii) On grounds of security, expediency or any other grounds; and
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
