The court balanced the medical needs of the prisoner with the administrative grounds for prisoner transfer, ultimately permitting the transfer for a limited period and subject to compliance with prison rules.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct the second respondent to transfer the petitioner's husband, by name, P.Nagendran S/o. Ponnusamyu, aged about 54 years, serving as life convict No.1236 from the third respondent to the fourth respondent to enable him to take complete treatment of liver transplantation.)

S. Vaidyanathan, J. & A.D. Jagadish Chandira, J.

1. The present writ petition has been filed by the wife seeking transfer of her husband P.Nagendran S/o. Ponnusamy, aged about 54 years, who is of the life convict, from Central Prison, Vellore to Central Prison-I, Puzhal so as to enable him to take treatment for his liver transplantation.

2. The case of the petitioner is that her husband is a life convict (No.1236) who was originally convicted and sentenced to undergo imprisonment for 10 years by the V Additional Sessions Court, Chennai, in S.C. No.316/1998 dated 14.07.1999 for the offences under Section 302 r/w. 34 IPC.

3. It is the further case of the petitioner that her husband is suffering from various ailments including liver disease and as per the advise of Doctor, liver transplant to the convict had took place on 07.04.2018 and he got discharged on 26.12.2018 and the convict was advised to be kept under hygienic circumstances. From the year 2019, there is periodical medical check up for the petitioner's husband and for that purpose, the writ petitioner had obtained an order from this Court on 20.02.2019 for the benefit of her husband. This Court has periodically permitted the petitioner to have medical check up by means of various orders in H.C.P. No.714 of 2019 dated 10.06.2019 and H.C.P. No.1137 of 2020 dated 06.07.2020.

4. According to the petitioner, her husband has to be confined in Central Prison I, Puzhal but he was kept under solitary confinement. Hence, the same was challenged by the petitioner before the Hon'ble Apex Court and the Hon'ble Apex Cour,t by order dated 12.03.2019, in S.L.P. (Crl) No.1979 of 2019 has passed the following order:

“ 23. We do not consider the present to be a fit case for interference and for extension or grant of further parole. The primary grievance of the petitioner is that the convict (husband of the petitioner) being a liver transplant case, may require immediate medical attention which may not be available in the close vicinity of the Vellore Central Jail, where the convict is presently lodged.

In view of the aforesaid apprehensions expressed by the learned counsel on behalf of the petitioner, we direct that the convict be transferred and lodged in the Puzhal Central jail, Chennai, which is closed to the specialized medical centres for care, if the convict be in need of such care”

5. According to the petitioner, her husband needs to be consulted and to be taken treatment at Rela Hospital, Chennai, and that the Doctor has fixed an appointment on 04.08.2022 and that the petitioner's husband was advised not to travel long distances. According to the petitioner, since her husband is already suffering from ailments and had undergone eight surgeries, it is not advisable for her husband to be shifted from Vellore Prison to Puzhal Prison frequently for every medical check up. Hence, she seeks transfer of her husband from Central Prison, Vellore to Central Prison I, Puzhal.

6. After notice, the third respondent has filed a counter affidavit narrating various offences committed by the convict (Convict No.1236) including the offences committed by him inside the prison. The third respondent feels that it may be dangerous for the other prisoners inside the prison if the petitioner's husband is kept along with other prisoners and that there are chances of being influenced by his family members and also for communal clash. In the counter affidavit filed by the third respondent, he had stated reasons for refusing transfer of petitioner's husband which reads as follows:

“ i) The prisoner has become normal po