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2024 Supreme(Mad) 1847
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, V. SIVAGNANAM, JJ.
Visalakshi, W/o. Nagendran - Petitioner
Versus
State of Tamil Nadu, represented by its Secretary Home (Prison) Department and Ors. – Respondents
W.P.No.31711 of 2024
Decided On : 29-10-2024
For the Petitioner: Mr. S. Hameed Ismail.
For the Respondents: Mr. S. Rajakumar, Additional Public Prosecutor.
The court clarified that medical treatment for prisoners must be based on medical advice from authorized institutions, emphasizing compliance with prior court orders.
Headnote:(A) Writ of Mandamus - Implementation of prior court orders - The petitioner sought transfer of a convict for medical treatment, citing previous court orders that were not followed - The court clarified that treatment at a specific hospital was conditional upon medical opinions from designated hospitals. (Paras 3, 4, 6)
(B) Medical Treatment of Prisoners - The court emphasized that while medical treatment must be provided, the convict's recent actions indicated a need for caution in granting leniency. (Paras 8, 10)
Facts of the case:
The petitioner sought to transfer her husband, a life convict, for medical treatment, claiming previous orders were ignored. The convict had undergone liver surgery and required further treatment. (Paras 1, 2)
Findings of Court:
The court noted that the convict had received treatment as per medical records and emphasized the need for a careful approach given the convict's alleged involvement in further crimes. (Paras 6, 8)
Issues: The main issue was whether the court could enforce its previous orders regarding the convict's medical treatment. (Paras 3, 4)
Ratio Decidendi: The court ruled that while medical treatment must be provided, the convict's recent actions warranted a more cautious approach in granting leniency. (Paras 8, 10)
Result: Writ petition dismissed.
ORDER :
(S.M. Subramaniam, J.)
The writ of mandamus has been instituted to direct the respondents to strictly follow the directions of this Hon'ble Court in W.P.No.28879 of 2022 dated 29.11.2022 by transferring the petitioner's husband Mr.P.Nagendran, Life Convict No.1236, now confined in Central Prison, Vellore, the third respondent prison to the Central Prison, Puzhal, Chennai, the fourth respondent for proper medical treatment at Rela Hospital, Chennai.
2. The learned counsel for petitioner Mr.S.Hameed Ismail would strenuously contend that the convict prisoner is seriously ill and on earlier occasion, treatment was provided to him in Rela Hospital. He underwent liver transplantation surgery and has been taking treatment. When an application is filed seeking transfer of prisoner from Vellore to Puzhal and to provide treatment in Rela Hospital at Chennai, it was not considered by the authorities. Thus the present writ petition came to be instituted. The learned counsel for petitioner would further submit that the respondents have failed to implement the orders of this Court dated 29.11.2022 passed in W.P.No.28879 of 2022 and therefore the petitioner is constrained to seek the relief to implement the directions issued by this Court in the said order.
3. A question arises whether writ proceedings would be entertainable to implement the orders passed by this Court in the earlier writ petition. Admittedly, the earlier writ petition in W.P.No.28879 of 2022 was disposed of by this Court on 29.11.2022, two years back with a direction, which reads as under:-
“11. In view of the above discussion, we find no reason to direct Nagendran's retention at the Central Prison, Puzhal, as prayed for by the petitioner. Of course, whenever Nagendran is produced for check up at CMC, Vellore or the Government Medical College and Hospital, Vellore, if the doctors opine that they cannot handle his case, it is needless to state that he be produced at Rela Hospital for treatment and kept in the Central Prison, Puzhal.
In the result, this writ petition stands dismissed. No costs.”
4. While dismissing the writ petition, this Court made an observation that only in the event of an opinion either from the Government Medical College and Hospital, Vellore or CMC, Vellore, the prisoner may be produced at Rela Hospital for treatment and kept in the Central Prison, Puzhal. Thus, this Court has not directed the respondents to provide treatment at Rela Hospital and a decision is to be taken after producing the convict prisoner for medical examination before the Government Medical College and Hospital, Vellore or CMC, Vellore.
5. In the context of the above orders of this Court, the third respondent filed a counter affidavit, which would reveal that the prisoner has been provided treatment based on the medical reports already available in the prison department. In the subsequent writ petition filed by the petitioner in W.P.No.11684 of 2024, this Court passed final orders on 11.06.2024. In the said order, this Court directed the respondents therein to consider the representation submitted by the petitioner dated 22.04.2024 to transfer the convict prisoner from Central Prison, Vellore to Central Prison, Puzhal and pass appropriate orders on merits. Yet another writ petition was filed challenging the order of rejection to grant leave. The said writ petition filed in W.P.No.22892 of 2023 was disposed of by this Court on 08.11.2023 granting leave to the convict prisoner for thirty days with escort. After the expiry of leave, the prisoner is now lodged in Central Prison at Vellore.
6. We have considered all the earlier orders of this Court. This Court had taken a lenient view considering the health condition of the prisoner and permitted him to take treatment in Rela Hospital and thereafter, treatments are provided by the respondents by following the medical records.
7. The counter filed by the third respondent would reveal that the prisoner was taken to Rela Hospital on several o
