Disposed

Mrs.R.Nandhini v. the State of Tamil Nadu

Madras HC6 Jul 2018HCP/1290/2018

Case brief

AI extract

What is this about?

In a habeas corpus petition seeking medical treatment for a remand prisoner, the High Court directed the respondents to provide immediate medical care at the Government General Hospital, Cuddalore, and to transfer the prisoner to Salem Prison after treatment.

What did the court decide?

Direction to respondents to provide medical treatment to the detenu at the Government General Hospital, Cuddalore, and to transfer the detenu to Central Prison, Salem.

Mrs.R.Nandhini Vs the State of Tamil Nadu — Constitutional and Fundamental Rights | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATE : 06.07.2018

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CORAM

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THE HONOURABLE DR. JUSTICE S.VIMALA

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AND

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THE HONOURABLE MRS. JUSTICE S.RAMATHILAGAM

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H.C.P. NO. 1290 OF 2018

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R.Nandhini .. Petitioner - Vs -

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The State of Tamil Nadu

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rep. by its Secretary

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Home, Prohibition & Excise Dept.

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Fort St. George, Chennai – 9.

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The Addl. Director General of Police (Prison)

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Egmore, Chennai – 8.

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The Superintendent of Prison Cuddalore Central Prison Cuddalore 607 004. .. Respondents

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Petition filed for the issuance of a writ of habeas corpus

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i) directing the 3^rd respondent herein to produce the petitioner's husband Mr.Ayyar @ Rajasekar, remand prisoner, aged about 33 years, confined in Central Prison, Cuddalore, before this Hon'ble Court and set her at liberty forthwith and provide immediate medical treatment in the Government General Hospital, Cuddalore;

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ii)Directing the 2^nd and 3^rd respondents to take appropriate criminal and disciplinary action against the police officials and police persons who had assaulted the petitioner's husband, Mr.Ayyar @ Rajasekar, remand prisoner, aged about 33 years, confined in Central Prison, Cuddalore; and

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iii)directing conduct of judicial enquiry and file report before this Hon'ble Court.

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For Petitioner : Mr. R.Chakravarthy

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For Respondents: Mr. R.Prathap Kumar,

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Additional Public Prosecutor

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

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ORDER

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(DELIVERED BY DR. S.VIMALA, J.)

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The present habeas corpus petition has been preferred by the petitioner for a direction to the respondents to provide immediate medical treatment to the detenu, Ayyar @ Rajasekar, who is remand prisoner, aged 33 years, in the Government General Hospital, Cuddalore.

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Though other prayers are made, however at the time of hearing, learned counsel for the petitioner confined his relief to the first part, viz., providing medical treatment to the detenu and, therefore, this Court is not venturing into the other reliefs sought for.

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Considering the nature of allegations made in the affidavit, this Court directed the detenu to be produced before this Court. Accordingly, the detenu was produced before the Court. On enquiry, the detenu submits that he requires medical treatment. Further, a perusal of the supporting affidavit reveals that on 28.6.18, in Central Prison, Cuddalore, one police officer by name Prasanth, along with other officers caused hurt to the petitioner's husband and that the detenu has suffered grievous injuries all over the body in addition to injuries on the head.

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Be that as it may. In view of the limited relief sought for, this Court directs the respondents to provide necessary medical treatment to the detenu at the Government General Hospital, Cuddalore.

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Further, considering the submissions advanced on either side in addition to the enquiry made by this Court of the detenu and the respondents, this Court is of the considered opinion that it would be prudent to transfer the detenu to some other prison so as to avoid any further problems. In such view of the matter, the detenu is directed to be shifted to Central Prison, Salem from Central Prison, Cuddalore, after necessary treatment is given to the detenu.

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With the above observations and directions, this habeas corpus petition is closed. Sd/--

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Assistant Registrar(CS VII)

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//True Copy//

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Sub Assistant Registrar

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

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GLN

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To 1. The Secretary to Government Government of Tamil Nadu Home, Prohibition & Excise Dept. Fort St. George, Chennai – 9. 2. The Addl. Director General of Police (Prison) Egmore, Chennai – 8. 3. The Superintendent of Prison Cuddalore Central Prison Cuddalore 607 004. +1cc to Mr.R.Chakkaravarthy, Advocate sR.No.44507 CNR(CO) sm:20.7.2018 H.C.P. NO. 1290 OF 2018

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

Mrs.R.Nandhini v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Mrs.R.Nandhini v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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