IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2022

Coram

THE HONOURABLE MR. JUSTICE P.N.PRAKASH

and

THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

Writ Petition No.22683 of 2021

Dr.James Satish Kumar

S/o.Jagannathan

.. Petitioner

Vs.

1. The Additional Chief Secretary,

Home, Prohibition and Excise Department,

Government of Tamil Nadu,

Secretariat, Fort St.George,

Chennai – 600 009.

2. The Deputy Inspector General of Police,

Deputy Inspector General of Prisons,

Chennai Range, Whannels Road,

Egmore, Chennai – 600 008.

3. The Superintendent of Prison,

Office of the Superintendent of Prisons – I,

Central Prison Phase – I, Puzhal,

Chennai – 600 066.

4. The Inspector of Police (Law & Order),

E-4, Abhiramapuram Police Station,

Chennai – 600 018.

Crime No.1352 of 2013

.. Respondents

Writ Petition filed under Article 226 of the Constitution of

India praying to issue a Writ of Mandamus directing the

respondents 1 to 3 to classify the petitioner as “A” Class

Prisoner and consequently, provide the petitioner with the

amenities that “A” Class Prisoner is entitled to.

For Petitioner :

Mr.R.John Sathyan

For Respondents:

Mr.M.Babu Muthu Meeran

Additional Public Prosecutor

https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by P.N.PRAKASH, J]

The petitioner herein has been convicted of the offences

u/s.302 r/w 120-B and 120-B IPC and has been sentenced to death

in S.C.No.348 of 2015 on 04.08.2021 by the I Additional Sessions

Court, City Civil Court, Chennai. The proceedings under Chapter

XXVIII of the Code of Criminal Procedure is pending before this

Court in R.T.No.2 of 2021. While that being so, the petitioner

has filed the present petition for grant of Class “A” facility

in the prison on the ground that the petitioner is a medical

practioner by profession, having acquired a MBBS degree.

2. Mr.M.Babu Muthu Meeran, learned Additional Public

Prosecutor, strongly oppossed this petition by referring to Rule

897 of the Tamil Nadu Prison Rules, 1983.

3. We are afraid that, Rule 897 of the Tamil Nadu Prison

Rules, 1983, may not apply in the light of the explanation to

the said rule, which clearly states that, until the death

sentence is completely confirmed at all levels, the convict

prisoner would be considered only as an ordinary prisoner and

that he would be entitled to Class “B” facilities as laid down

in the rules.

4. Rule 225 of the Tamil Nadu Prison Rules, 1983,

categorises and divides convict prisoners into two divisions,

viz., Class “A” and Class “B”. Rule 225 of the Tamil Nadu Prison

Rules, 1982, reads as under:

“225.Classes of prisoners. - (1) As mentioned in

rule 217, convicted prisoners are divided into two

divisions or Classes, “A” and “B”.

(i) Prisoners shall be eligible for Class “A”, if

they by social status, education or habit of life have

been accustomed to a superior mode of living. Habitual

priosners may, at the discretion of the classifying

authority, be included under this class on grounds of

character and antecedents.

(ii) Class “B” shall consist of prisoners who are

not classified in Class “A”.

(iii) Notwithstanding anything contained in sub-

rule (i), any person convicted of an offence involving

gross indecency or exhibiting grave depravity of

character may not be placed in Class “A”.”

https://hcservices.ecourts.gov.in/hcservices/

5. A reading of the above shows that, even the authorities

are empowered to grant Class “A” facility to a convict prisoner

after taking into consideration his social status, education,

habit of life etc. Rule 226 of the Tamil Nadu Prison Rules,

1983, states that on the initial recommendation of the Court,

the Government has the power to grant Class “A” facility.

6. Mr.M.Babu Muthu Meeran, learned Additional Public

Prosecutor, drew our attention to Rule 225(iii) of the Tamil

Nadu Prison Rules, 1983 and s