Disposed

S.Ganesan v. Additional Chief Secretary to Government

Madras HC14 Feb 2024HCP/1927/2023

Case brief

AI extract

What is this about?

In a Habeas Corpus petition by a father concerning alleged assault by prison warders on his remand son, the court noted existing medical reports stating the patient was normal and ailments related to hemorrhoids, not assault. No further orders were passed to close the petition.

What did the court decide?

The Habeas Corpus Petition is closed as the medical reports show the prisoner's ailments are not related to the assault complaint and he has already been discharged.

S.Ganesan Vs Additional Chief Secretary to… — Pension and Retirement Benefits | Madras HC (2024)

¶1

HCP.No.1927 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 14.02.2024

¶4

CORAM :

¶5

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN

¶6

H.C.P.No.1927 of 2023

¶7

S.Ganesan ... Petitioner

¶8

Vs.

¶9

1.State by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009.

¶10

2.The Director General of Police/ Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai – 600 008.

¶11

3.The Deputy Inspector General of Prison, Trichy Range, Trichy – 20.

¶12

4.The Superintendent of Prison, Central Prison, Trichy – 20.

¶13

5.Mr.Uthayakumar, Prison Warder, OC Team, Central Prison, Trichy – 20. ... Respondents

¶14

https://www.mhc.tn.gov.in/judis Page 1 of 6

¶15

HCP.No.1927 of 2023

¶16

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body and person of the petitioner's son Mr.Rosary Greaten, son of Ganesan, remand prisoner, now confined in Central Prison, Trichy, before the Hon'ble Court and to provide proper medical treatment to the petitioner's son and further directing respondents 1 to 4 to take appropriate action against respondent No.5, who had assaulted the petitioner's son.

¶17

For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C. Aravind

¶18

ORDER

¶19

(Order of the Court was made by M.S.RAMESH, J.)

¶20

Complaining that the petitioner's son who is a remand prisoner at Central Prison, Trichy, was assaulted by the Prison Authority, the petitioner seeks for a direction to the Authority to provide an appropriate medical treatment and for an action against the Prison Authority, who had allegedly assaulted his son.

¶21

2. Pending the present Habeas Corpus Petition, this Court had directed the Prison Authority to take the petitioner's son to the Government

¶22

https://www.mhc.tn.gov.in/judis Page 2 of 6

¶23

HCP.No.1927 of 2023

¶24

Hospital, Trichy for examination and treatment. In continuation of such order, the Dean of the Mahatma Gandhi Memorial Government Hospital,

¶25

Tiruchirappalli, had given his report, which reads as follows:-

¶26

“ Mr.Rosery Greaten @ Greaten rosary , S/o.Ganesan , 26 / male, admitted on 04.10.2023 at 12.40 pm with IP.NO : 83633 , alleged history of assault by one known person using lathi on 30.09.2023 at around 10.00 am in Central Jail Trichy. Patient had complaints of neck pain , chest pain and Bleeding per rectum with no external injury at the time of examination. Vitals were normal. Clinically patient stable. Per Rectal Examination-grade II haemorrhoids present. Patient underwent complete evaluation including Colonoscopy which was normal and discharged on 13.10.2023, with conservative management of Grade-II hemorrhoids, which is not related to his assault complaint. ”

¶27

3. As per the directions of the learned Principal District Judge, Tiruchirappalli, learned Special District Judge No.II had also visited the Government Hospital at Trichy and has submitted a report in which he has stated that the prisoner was having severe pain on the left side of his head, as well as difficulty in breathing, which he claimed to be due to the assault of the Prison Authority.

¶28

https://www.mhc.tn.gov.in/judis Page 3 of 6

¶29

HCP.No.1927 of 2023

¶30

4. In view of the medical facility already being extended to the

¶31

petitioner's son and that the Dean was of the opinion that the patient was normal and was discharged on 13.10.2023, by observing that the ailments from which the prisoner had suffered did not relate to the assault complaint, no further orders are required to be passed in the prayer sought for seeking action against the Prison Authority.

¶32

5. Accordingly, the Habeas Corpus Petition petition stands closed.

¶33

[M.S.R., J] [S.M., J]

¶34

14.02.2024

¶35

Index: Yes/No Internet: Yes/No Neutral Citation: Yes/No

¶36

Sni

¶37

https://www.mhc.tn.gov.in/judis Page 4 of 6

¶38

HCP.No.1927 of 2023

¶39

¶40

1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009.

¶41

2.The Director General of Police/ Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai – 600 008.

¶42

3.The Deputy Inspector General of Prison, Trichy Range, Trichy – 20.

¶43

4.The Superintendent of Prison, Central Prison, Trichy – 20.

¶44

5.Mr.Uthayakumar, Prison Warder, OC Team, Central Prison, Trichy – 20.

¶45

6.The Public Prosecutor, High Court, Madras.

¶46

https://www.mhc.tn.gov.in/judis Page 5 of 6

¶47

HCP.No.1927 of 2023

¶48

M.S.RAMESH, J. and SUNDER MOHAN, J.

¶49

Sni

¶50

H.C.P.No.1927 of 2023

¶51

14.02.2024

¶52

https://www.mhc.tn.gov.in/judis Page 6 of 6

S.Ganesan v. Additional Chief Secretary to Government

Case brief

What is this about?

What did the court decide?

S.Ganesan v. Additional Chief Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

S.Thangapandiyan Vs the Commissioner of Police

S.Khadherbasha Vs State by

V.Baliah Vs the Superintendent of Police

K.Mohan Vs State of Tamilnadu

Vinothkumar Vs State Rep.by

Saravanan Vs the State Rep by Its