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2025 Supreme(Mad) 2840
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, K. RAJASEKAR, JJ.
Sarikathu Nisha - Appellant
Versus
The Superintendent of Prison, Chennai - Respondent
W.P. No. 14244 of 2025
Decided On : 18-04-2025
Advocate Appeared:
For the Appellant : A. Rajamohamed
For the Respondents: R. Muniyappa Raj, R. Karthikeyan
Under trial prisoners have a fundamental right to attend the funerals of close relatives, emphasizing humane treatment and dignity.
Headnote:
(A) Unlawful Activities (Prevention) Act, 1967 - Tamil Nadu Suspension of Sentence Rules, 1982 - Right of under trial prisoners to attend funerals - The court recognized the fundamental right of under trial prisoners to attend the funerals of close relatives, emphasizing the need for humane treatment and dignity. (Paras 6, 10, 15)
(B) Compassionate grounds - The court highlighted that denying such rights to under trial prisoners is dehumanizing and detrimental to their mental well-being. (Paras 8, 9)
(C) Judicial procedures - The court noted the hardships faced by under trial prisoners in securing permissions during holidays, leading to potential infringement of their rights. (Paras 14, 16)
Facts of the case:
The writ petition was filed by the sister of the detenu, seeking permission for him to attend his mother's funeral after her death on 18.04.2025. The detenu was in judicial custody under the Unlawful Activities (Prevention) Act.
Findings of Court:
The court directed the prison authorities to permit the detenu to attend the burial and mandated the issuance of instructions for similar permissions for other under trial prisoners.
Issues: The main issues were whether under trial prisoners have the right to attend funerals and if granting such permissions would interfere with correctional interests.
Ratio Decidendi: The court held that the right to attend funerals is a fundamental right linked to religious practices and humane treatment, applicable to all prisoners regardless of their status.
Result: Writ Petition stands disposed of with directions to grant temporary permissions.
ORDER :
S.M. SUBRAMANIAM, J.
1. The writ petition has been instituted to direct the 1st respondent to grant ten (10) days leave to the detenu, Mr. Barakathullah, S/o Syed Ibrahim, now confined at Central Prison-1, Puzhal, Chennai to attend his mother's funeral, which took place on 19.04.2025 at Valinokkoam, Ramnathapuram District.
2. The petitioner is the sister of the detenu, Mr.Barakathullah. An F.I.R. in R.C.No.42/2022/NIA/DLI was registered by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act, 1967. The detenue was remanded to judicial custody on 22.09.2022. Subsequently, a charge sheet was filed on 17.03.2023 and the trial is yet to commence.
3. Suddenly, the mother of the detenu passed away on 18.04.2025, at 02:00 A.M. Information was provided to the Jail Authorities. Since the Prison Authorities are not vested with the power to grant leave under the Tamil Nadu Suspension of Sentence Rules, 1982, which would be applicable only to the convict prisoners, and the detenu is an under trial prisoner, the relatives have to approach the Trial Court for bail or approach the High Court seeking permission to attend the funeral ceremony.
4. Since the High Court of Madras and the Special Court have declared a three-day holiday, an urgent motion was moved by the learned counsel for the petitioner with the permission of the Hon'ble Chief Justice, and this Bench was constituted to deal with the present case.
5. A short question to be considered is whether the prisoners, who are detained have the right to be permitted to attend the burial/funeral of their close family members or not. Additionally, it needs to be examined whether granting temporary permission to the prisoners to attend such burial/funeral would interfere with legitimate interests of correctional institutions.
6. A deceased person is entitled to a dignified cremation or burial. It is pious obligation on the part of the close relatives to perform certain rituals according to their religious practices or customs. Article 25(1) enumerates “Subject to public order, morality and the health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion”.
7. Right to practice religion is a guarantee ensured under the Constitution. As the detenu is a Muslim, and as a son, he is required to perform certain rituals for his deceased mother under the customs and practice amongst Muslims. Attending the burial of loved ones is a fundamental right, as it connects with religious rights to perform pious obligations under specific religious customs and practices.
8. The death of a close relative is one of the most difficult emotional experiences that any human being has to deal with. Prisoners are no exception, they too experience those intense, shocking moments when they lose their loved ones. A blanket denial that precludes under trail prisoners alone from being granted an opportunity to mourn their loved ones would be construed as dehumanizing. It does not demonstrate a compassionate approach to their physiological well-being.
9. Compassion has a significant impact on their mental well-being and extends beyond the confines of the institution in which they are held. It involves offering understanding and support during such difficult times. Human experience has shown the paying last respect facilitates healing and closure, and hence should not be taken away lightly.
10. The right of a prisoner, whether convicted or under trial makes no difference to temporary leave of absence to attend burial/funeral of a close relative is rooted in the principle of humane treatment and the inherent dignity as a human being. This right does not differentiate between the two categories of prisoners.
11. Comparative jurisprudence confirms that this right is recognised beyond our borders and is enforceable in many jurisdictions across the world. Everyone has a right to respect for th
