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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, M.JOTHIRAMAN, JJ
Fakrudeen – Appellant
Versus
Deputy Inspector General of Prisons, Chennai Range – Respondent
| Table of Content |
|---|
| 1. petitioner alleges inhumane treatment (Para 2) |
| 2. counsel argues for humane treatment (Para 6) |
| 3. court examines treatment of prisoner (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. rights of prisoners emphasized (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. writ petition disposed with directions (Para 30) |
ORDER :
S.M.SUBRAMANIAM, J.
The Writ of Mandamus has been instituted to direct the respondents to remove the prisoner from the solitary confinement and to provide basic facilities to the prisoner, Mr. Fakrudeen, S/o.Sikkandhar Basha, aged about 45 years, remand prisoner no.32974, presently lodged at Central Prison -II, Puzhal, Chennai.
2. The petitioner/remand prisoner was arrested by Gudiyatham Town Police in connection with Crime No.408 of 2013, now pending in S.C.No.143 of 2013 on the file of the Special Court for Bomb Blast Cases at Poonamallee, Chennai. The petitioner/remand prisoner was arrested in the year 2013 and he is in actual imprisonment as remand prisoner for the past about 11 years.
3. The Superintendent of Prisons/2nd respondent filed a counter affidavit. The details regarding the pending cases against the petitioner ar
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The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and significant delays in trials can justify granting bail.
The court mandated the improvement of communication facilities for legal practitioners with undertrial prisoners, emphasizing adherence to the Tamil Nadu Prison Rules and the protection of prisoners'....
The right to a speedy trial is a fundamental right, and prolonged incarceration without trial violates this right, justifying bail.
The judgment establishes the principle that the rights of prisoners, including the legality of their confinement and denial of facilities, are protected under Article 21 of the Constitution, and the ....
Prison regulations limit educational opportunities for under-trial prisoners based on security risks, and courts must be reluctant to override these regulations in the interest of public safety.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial is impermissible.
(1) Bail – Basic human rights cannot be denied to a person even though he remains confined in jail as per procedure established by law – Statutory restrictions like one found in Section 43D(5) of UAP....
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