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2025 Supreme(Mad) 4339
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, M.JOTHIRAMAN, JJ.
Fakrudeen - Appellant
Versus
The Deputy Inspector General of Prisons, Chennai Range - Respondent
W.P.No.2207 of 2025
Decided on : 29-01-2025
Important Points
Prisoners are entitled to basic human rights, including dignity and education, which must be upheld by prison authorities as per constitutional guarantees.
Subject
Prison Law - Writ Petition
Act Referred
CRIMINAL PROCEDURE CODE : S.436(a)
CONSTITUTION OF INDIA : Art.21
CONSTITUTION OF INDIA : Art.21
Headnote
(A) Constitution of India - Article 226 - Writ of Mandamus - Petition filed for removal from solitary confinement and provision of basic facilities - Allegations of inhumane treatment and denial of educational resources - Court emphasizes the rights of prisoners to dignity and education, referencing various Supreme Court judgments and international standards. (Paras 16, 17, 18, 19, 21, 22)
(B) Prisoners' Rights - The court reiterates that prisoners are entitled to basic human rights, including dignity, education, and protection from inhumane treatment, as guaranteed under Article 21 of the Constitution. (Paras 16, 21)
Facts of the case:
The petitioner, a remand prisoner for 11 years, alleges inhumane treatment and lack of basic facilities in prison, including solitary confinement and denial of educational resources. (Paras 1, 6, 10)
Findings of Court:
The court directed that the fundamental rights of the petitioner must be protected, and basic facilities should be provided as per the rules. (Paras 29)
Issues: The main issues addressed include the treatment of the petitioner in solitary confinement and the provision of basic facilities and education. (Paras 6, 10, 21)
Ratio Decidendi: The court held that the rights of prisoners, including the right to education and humane treatment, are fundamental and must be upheld by prison authorities. (Paras 16, 21)
Result: Writ petition disposed of with directions to ensure the protection of fundamental rights.
(B) Prisoners' Rights - The court reiterates that prisoners are entitled to basic human rights, including dignity, education, and protection from inhumane treatment, as guaranteed under Article 21 of the Constitution. (Paras 16, 21)
Facts of the case:
The petitioner, a remand prisoner for 11 years, alleges inhumane treatment and lack of basic facilities in prison, including solitary confinement and denial of educational resources. (Paras 1, 6, 10)
Findings of Court:
The court directed that the fundamental rights of the petitioner must be protected, and basic facilities should be provided as per the rules. (Paras 29)
Issues: The main issues addressed include the treatment of the petitioner in solitary confinement and the provision of basic facilities and education. (Paras 6, 10, 21)
Ratio Decidendi: The court held that the rights of prisoners, including the right to education and humane treatment, are fundamental and must be upheld by prison authorities. (Paras 16, 21)
Result: Writ petition disposed of with directions to ensure the protection of fundamental rights.
Advocates:
Advocate Appeared:
For the Appellant : Mrs. S. Nadhiya
For the Respondents: Mr. P.Kumaresan, Assisted by Mr.R. Muniyapparaj
Advocate Appeared:
For the Appellant : Mrs. S. Nadhiya
For the Respondents: Mr. P.Kumaresan, Assisted by Mr.R. Muniyapparaj
| 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 are as under :
| Sl. No. | Name of the Police Station and Crime No. | Name of the Court |
| 1. | Kudiyatham, PS Cr.No.408/2013, u/s. 302, 379, 120(b) | Bomb Blast Court, Poonamallee. (Pansat Charma Murder case) |
| 2. | Vyalikaval (CCB Crime), Police Station, Cr.No.118//2013, u/s.120(b), 121, 121-A, 123, 122, 307 435, 201, Explosive Substance Act (ES Act)- 3,4,5,6 | 49th Additional Sessions Court, Bangalore. (BJP Office Bomb blast Case) |
| 3. | CBCID Vellore, PS Cr.No.01/2013, u/s.302, 147, 149, 150, 120(B), 302, Explosive Substance Act (ES Act) 3,4,5 | Bomb Blast Court, Poonamallee. |
| 4. | Paramakkudi PS Cr.No.90/2013, u/s.153(a), 120(b), 120(B), 302, 506(ii) Explosive Substance Act (ES ACt) 5 unlawful activities prevention Act 16, 18 | II Additional District Sessions Court, Poonamallee. (Murugan Murder Case) |
| 5 | CBCID Vellore, PS Cr.No.599/2013, u/s.302 Explosive Substance Act (ES Act)-5 | Bomb Blast Court, Poonamallee. (Vellaiyappan Murder case) |
| 6 | Thirumangalam Taluk PS Cr.No.237/11, U/s.307 Explosive Substance Act (ES Act) 5 | Bomb Blast Court, Poonamallee (Tr.L.K. Advani Pipe Bomb Case) |
| 7 | Hasthampatti PS Cr.No.297/13, u/s.302 IPC Unlawful Activities Prevention Act 18, 16 Arms Act -25(1-A) 153(a), 120(B) | Bomb Blast Court, Poonamallee (Auditor Ramesh Murder Case) |
| 8 | Puthur P.S.Cr.No.187/2013, U/s.120(b), 332, 307 | Assistant SesssionsCourt, Puthur |
| 9 | Thideernagar PS Cr.No.554/2013, u/s.147, 148 @ 147, 148, 302 IPC unlawful Activities Prevention Act 19 | Bomb Blast Court, Poonamallee (Palkaran Suresh Murder Case) |
| 10 | M-3, Puzhal, PS Cr.No.1591/2015, u/s.147, Judicial 148,341, 294(b), 332, 353, 347, 324, 307, 506(ii), TNPDL Act 3(i) | Judicial Magistrate Madhavaram/ |
| 11 | Puzhal PS Cr.No. 576 of 2018, u/s.440, 426 | Judicial Magistrate, Madhavarm |
| 12 | Vilakkuthoon PS Cr.No.504/2010, u/s.341, 324, 307 | 6th Addl. Sessions Court, Chennai. |
| 13 | M-3 Puzhal PS Cr.No.313/2023, u/s.353, 506(ii) IPC | Judicial Magistrate, Madhavaram |
| 14 | M-3 Puzhal PS Cr.No.1018/2024, U/s. 296(b), 132, 151(ii) BNS Act | Judicial Magistrate, Madhavaram |
| 15 | M-3 Puzhal PS Cr.No.1033/2024, U/s.109, 115(ii), 132, 151(ii) BNS Act | Judicial Magistrate, Madhavaram |
| 16 | M-3 Puzhal PS Cr.No.1051/2024, u/s.42 Prison Act | Judicial Magistrate, Madhavaram |
4. The cases registered against the petitioner after incarceration in prison are as detailed under:
| Sl. No. | Name of the Police Station and Crime No. | Name of the Court |
| 1. | M-3 Puzhal, PS Cr.No.1591/2015, u/s.147, 148, 341, 294(b), 332, 353, 347, 324, 307, 506(ii) TNPDL Act 3(1) | Judicial Magistrate, Madhavaram. |
| 2. | Puzhal PS Cr.No.576/2018, u/s.440, 426 | Judicial Magistrate, Madhavaram. |
| 3. | Vilakkuthoon PS Cr.No.504/2010, U/s.341, 324, 307 IPC | 6th Additional Sessions Court, Chennai. |
| 4 | M-3 Puzhal PS Cr.No.313/2023, u/s.353, 506(ii) IPC | Judicial Magistrate, Madhavaram |
| 5 | M-3 Puzhal PS Cr.No.1018/2024, U/s. 296(b), 132, 151(ii) BNS Act | Judicial Magistrate, Madhavaram |
| 6 | M-3 Puzhal PS Cr.No. | |
