ORDER

The writ petitioner's brother Mohamed Shalin is confined at Palayamkottai Central Prison, Tirunelveli as a remand prisoner. Claiming that his wife is seriously ill, he filed Crl MP No.182 of 2019 before the Special Court under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases), Chennai at Poonamallee, Chennai – 56 seeking permission to be with his wife. The Special Court allowed the said petition on 14.05.2019. Pursuant to the order passed by the court, the said Mohamed Shalin was taken to his house. But, by then, his wife had been shifted to Rosemary Mission Hospitals & Research Centre, https://hcsVervaicnesn.eacorurpts.egotv.tin/ahcise,rv iceTs/irunelveli. The escort police took the stand that Mohamed Shalin had been permitted to visit his house only and that therefore he cannot be taken to Rosemary Mission Hospitals and Research Centre where his wife had been admitted. Since the purpose of filing the petition before the said Special Court was not effectuated and there is an acute urgency in the matter, this writ petition has been filed.

2.The learned counsel appearing for the writ petitioner made a mention yesterday that a special sitting will have to be constituted for taking up the matter. This Court acceded to the said request and message was sent to the learned Additional Public Prosecutor to be ready with instructions so that the matter can be finally disposed of. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor even though was ready with instructions submitted that he may require time to file a detailed counter affidavit.

3.The learned Additional Public Prosecutor submitted that this writ petition is not maintainable for more reasons than one. This writ petition has not been filed by the prisoner concerned or his wife. Secondly, a life convict only will be entitled to what is known as furlough or parole. A remand prisoner can go out of prison where he is confined only after obtaining bail from the jurisdictional criminal court. In this case, the said Mohamed Shalin was remanded to custody by the learned Additional CMM, Bangalore. He was confined in Parapana Agrahara Prison, Bangalore. He was transferred to Palayamkottai Central Prison to face trial in S.C No.163 of 2014 on the file of the Chief Judicial Magistrate, Nagercoil. He has since been acquitted in the said case and he is likely to be send back to Parapana Agrahara Prison, Bangalore very shortly. The learned Additional Public Prosecutor also expressed his apprehension that there is a possibility of escaping by the prisoner. The cases in which he has been accused are having national security implications and are grave in nature. The prosecution alleged that the prisoner is a terrorist who has supplied bombs and ammunitions to Jihadi terrorists. He therefore wanted this Court to dismiss this writ petition.

4.No doubt, the objections raised by the learned Additional Public Prosecutor are weighty and formidable. Before I test them on the anvil of the constitutional rights of the prisoner, I have to observe that the order dated 14.05.2019 passed by the Special Court, Chennai was in fact complied with by the police. They did not challenge the same before the High Court. The Special Court was satisfied that the medical condition of the prisoner's wife was rather grave and on humanitarian grounds, permitted him to be with his wife for a day at his house. But, in the meanwhile, the prisoner's wife was shifted from the residence to hospital. The filing of this writ petition was necessitated only by this development. I therefore see no ground to take a different view.

5.Mohamed Shalin is no doubt a prisoner but he is a person too. He is entitled to certain fundamental rights even while in custody (vide (2016) 3 SCC 1 (Inhuman Conditions in 1382 Prisons, In Re). Article 21 of the Constitution of India proclaims that no person shall be deprived of his life or personal liberty excep