Dismissed

Arumugathammal v. The Deputy Inspector General of Prison

Madras HC28 Oct 2024WP(MD)/23704/2024

Case brief

AI extract

What is this about?

Petitioner sought transfer of three prisoners from Palayamkottai to Madurai alleging assault. Court directed inquiry by District Legal Services Authority. Medical examination found no current injuries; FIR registered against prisoners. Petition dismissed; Director to provide specialized treatment at Palayamkottai.

What did the court decide?

Transfer of prisoners dismissed; respondent directed to provide specialized treatment to prisoners at Prison Complex.

Arumugathammal Vs The Deputy Inspector General of… — Writ and Judicial Review | Madras HC (2024)

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W.P(MD) No.23704 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 28.10.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE Ms.JUSTICE R.POORNIMA

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W.P(MD) No.23704 of 2024 and WMP(MD) No.20069 of 2024

Arumugathammal

... Petitioner

The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison

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and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

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The Superintendent of Prison, Palayamkottai Central Jail, Tirunelveli District..

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Mahendran

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... Respondents

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PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the Respondents herein to take action against the Respondent No.3 and transfer petitioner's son and petitioner's elder sister's sons namely Meenakshi Sundaram S/o. Karuppannan (CP No.4762) Subash Chandra Bose S/o. Muthuramalingam (CP No. 4980) and Undiyal Raja S/o.

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W.P(MD) No.23704 of 2024

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Subramaniyan (LCT No. 5389) from Palayamkottai Central Jail Tirunelveli to Central Jail, Madurai forthwith.

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For Petitioner : Mr. SMA. Jinnah For Respondents : Mr.A.Thiruvadi Kumar

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Additional Public Prosecutor.

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O R D E R

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The writ petition has been filed in the nature of mandamus seeking a direction against the respondent particularly, the 2^nd respondent / Superintendent of Prisons, Central Prison, Palayamkottai to transfer the son of the petitioner, Meenakshi Sundaram, who is a convict prisoner No. 4762 and two sons of sister of the petitioner, Subash Chandra Bose, who is a convict prisoner No.4980 and Undiyal Raja, who is a convict prisoner LCT No.5389 from Central Prison, Palayamkottai to Central Prison, Madurai.

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2.In the affidavit filed in support of the writ petition, it had been stated by the petitioner that she has been doing legal work and looking after the cases, which had been filed against the three convict prisoners. They had been convicted for possession of drugs under the NDPS Act and consequent to conviction, now they are confined at Central Prison, Palayamkottai.

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W.P(MD) No.23704 of 2024

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3.It had been further stated that she received information

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from her son and her sister's sons that they were blind floded and beaten up by the Jailor at the Jail premises, Central Prison, Palayamkottai. It had been stated that her Advocate Raja Sekar also filed a petition to permit him to visit Subash Chandra Bose, but it was denied. It was stated that Meenakshi Sundaram, Subash Chandra Bose and also Undiyal Raja came limping and were unable to walk upright. When he enquired, it had been stated that the 3^rd respondent was attempted to attack them and that they were assaulted hard by him. It is stated that third degree methods were used against them.

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4.Under those circumstances, this writ petition has been

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filed seeking transfer of the three prisoners from Central Prison Palayamkottai to Central Prison, Madurai.

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5.To a little extent the attitude of the petitioner should be appreciated since she is still having confidence in the Prison system and sought transfer from one Central Prison to another Central Prison and no other request has been made.

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W.P(MD) No.23704 of 2024

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6.However, taking into consideration the nature of the allegations made, we had directed the Principal District Judge, Tirunelveli to go either in person or send somebody to Palayamkottai Central Prison to examine the three convicted persons.

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7.A report, dated 22.10.2024 had been forwarded by the learned Principal District Judge, Tirunelveli. He stated that the copy of the order, dated 04.10.2024 had been received by him on 16.10.2024 and immediately on the same day, he had directed the Secretary, District Legal Services Authority, Tirunelveli to visit the Central Prison, Palayamkottai and to examine the persons referred in the order and to submit a report before 18.10.2024. He further stated that the Authorized Officer/ Secretary, District Legal Services Authority, Tirunelveli visited the Central Prison, Palayamkottai on the same day, i.e., 16.10.2024 and examined all the three individuals. He had also got the statements typed and also submitted the hand written statements along with the typed statements. Along with the report, the learned Principal District Judge, Tirunelveli has also filed a comprehensive set of documents enclosing the statements and a Compact Disc.

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8.We had directed the Registry to furnish a copy of the report to the learned counsel for the petitioner and the learned Additional

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Public Prosecutor.

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9.In the report, dated 22.10.2024, it had been stated as

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follows:

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“It is humbly submitted that during the recording of the statement of witnesses, it is found that the 3 respondent in WP.(MD) is not a Jailor but Grade II constable. The prisoner Meenakshi sundaram, while narrating the incident, had stated that on 13.09.2024 there was a wordy quarrel between himself and one of the prisoner namely Rajesh as the said Rajesh threatened and attempted to assault him with slippers and when the same was enquired by the Asst. Jailor Tr. Muthukumar, the 3d respondent Mahendran, who was on duty for Block II, had slapped him with hands on his right side ear and again when he attempted to beat him with hands, he restrained the same by using his hands. Meenakshi sundaram had further stated that on the same day at about 6.00 p.m he was taken to the place

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W.P(MD) No.23704 of 2024

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behind the Hospital annex building and after laid him on the bench he was repeatedly beaten for 7 times on his foot with stick and pipe in which he sustained fracture in his middle and little toes and other bones in the foot of his left leg. The other two prisoners have also stated the same version of the prisoner Meenakshi sundaram. They have stated that on the same day they were taken to the secluded place in the Prison one by one and they were beaten on their foot by the jail constables. Subash chandrabose had stated that he was taken to the secluded place after Meenakshi sundaram and thereafter Undiyal raj was taken. However quite contradictory to his statement, Undial raj had stated that he was taken after Meenakshi sundaram and thereafter only Subash chandra bose was taken to the secluded place.

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It is submitted that upon perusal of the medical report of the aforesaid 3 prisoners submitted by the Medical officer of Central prison Palayamkottai, it is found that prisoner Meenakshi sundaram was admitted in Rajaji Government Hospital, Madurai almost 4 years back on 21.11.2020 and diagnosed as isolated right tibia fracture and was treated and discharged on 27.11.2020 and again on

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27.11.2020 the said prisoner was admitted in the dispensary of Central Prison, Palayamkottai and conservative management was given to him and discharged on 02.01.2021 and as on 17.10.2024 the prisoner was in good physical and mental condition. When a specific report as to whether the said Meenakshi sundaram was admitted or treated in the dispensary of Central Prison, Palayamkottai for any ailments or on after 13.09.2024 was sought for, the medical officer had submitted a report dated. 17.10.2024 stating that, the said prisoner did not come to the Central Prison Dispensary for the last two months and during his periodical block visit on every Tuesday to all blocks the said prisoner Meenakshi sundaram was examined and found physically and mentally stable. So far as the other two prisoners namely Subash chandra bose and Undiyal raja, the medical report of the Central Prison Medical Officer reveals that, they used come to dispensary for minor ailments and they also did not come to central prison dispensary for the last two months and they are in good physical and mental condition. The authorized officer (Secretary, DLSA, Tirunelveli) while recording the statement of the above said three prisoners on

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16.10.2024, has recorded that he does not found any swelling or injury in the left foot of the prisoner Meenakshi sundaram and when he specifically asked about the same, the prisoner had replied that the injury sustained by him was treated and cured in the jail. However, as stated earlier, as per the medical report being maintained for the convict prisoners, the medical officer has stated that the prisoner did not come to central prison dispensary for the past two months. The certificate of the medical officer is dated. 17.10.2024 which means that the prisoner had never been treated in the central prison dispensary for two months immediately preceding the date of medical report submitted by the medical officer of Central prison dispensary. The authorized officer who recorded the statement had also recorded that all the three prisoners have climbed the stairs and walk usually without any cripple or difficulty when they came to the room of the Additional Superintendent of Central Prison office in the first floor for giving statement.

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It is submitted that on perusal of the statement of Thiru. Mahendran, Gr.II Constable of Central Prison, Palayamkottai [3 respondent in

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W.P. (MD) No.23704 of 2024] he had stated that on 13.09.2024 upon hearing a noise from the Block II of Central Prison, the Asst.Jailor Thiru. Muthukumar, who was on work allocation duty along with him near the tower, had went to the Block II and brought the prisoners Meenakshi sundaram and Rajesh and taken them to their tower and when he (Thiru Mahendran, GrII Constable of Central Prison) questioned about the act of the prisoners in fighting with each other, the prisoner Meenakshi sundaram abused him and kicked him with his legs. The Mahendran had further stated that, when he was speaking with the Asst. Jailor Thiru. Muthukumar, inside the tower, unexpectedly prisoner Meenakshi sundaram came inside and punched on his left cheek and chin in which he sustained blood injury inside of the left lip and when the Asst.Jailor Muthukumar and the head constable Ganesh prevented the prisoner Meenakshi sundaram, he assaulted both of them with his hands and also intimidated Mahendran to kill him. Witness Mahendran has also stated that upon seeing Meenakshi sundaram assaulting him his friends Undiyal raj and Subash chandra bose have also came and attempted to assault him but the same

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was prevented by the jail wardens and immediately he was taken to the prison dispensary and after getting first aid since there was more bleeding he was referred to Tirunelveli Government Hospital for further treatment. It is submitted that in this connection, FIR has also been registered by the Perumalpuram P.S, against the aforesaid three prisoners on the basis of the complaint given by the Jailor of Central Prison, Palayamkottai. The Superintendent of Central Prison, Palayamkottai has also furnished the copy of discharge summary in respect of the aforesaid Mahendran along with the copy of FIR registered by Perumalpuram P.S. in Cr. No. 364/2024 for the offences under Section 296(b), 121 (i) of BNS and Section 45 (ii) of Prisons Act against the aforesaid three prisoners and the same is also enclosed herewith for the kind perusal of the Hon'ble High Court. The Pen drive containing the CCTV footage for the II Block of Central Prison, Palayamkotta for the date on 13.09.2024 submitted by the Superintendent of Central Prison, Palayamkottai and the medical report submitted by the Medical Officer of Central Prison, Palayamkottai are also submitted herewith for the kind perusal of the Hon'ble High

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Court. It is further submitted that, the place where the aforesaid three prisoners were allegedly beaten by the Jail authorities has no CCTV coverage.”

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10.The report itself is self-explanatory, wherefrom it is seen

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that the Secretary, District Legal Services Authority, Tirunelveli had examined the prisoner Meenakshi Sundaram and recorded his statement and also examined the Jail Authorities. It had been stated that the injuries to the prisoner had taken place nearly before 4 years back on 21.11.2020. It had been stated that as on 17.10.2024, the prisoner was in a good physical and mental condition. It had been stated that he did not come to the Central Prison Dispensary for the past two months. So far as Subash Chandra Bose and Undiyal Raja are concerned, it had been stated that they also did not come to the Dispensary for the past two months. They are all in good physical and mental condition.

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11.The Secretary, District Legal Services Authority, had stated that he had not found any swelling in the left foot of Meenakshi Sundaram and when specifically asked Meenakshi Sundaram had replied that the injury had been sustained, had been treated and cured in the Jail https://www.mhc.tn.gov.in/judis 11/14

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itself. It is thus seen that the onus is on the three prisoners subject themselves for medical treatment at the Prison Dispensary.

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12.The learned counsel for the petitioner stated that the three prisoners should be transferred to Government Hospital for effective treatment.

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13.The Superintendent of Prisons, Central Prison,

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Palayamkottai is of the opinion that if further treatment is required, he shall invite the Government Doctors from the Government Hospital to the Prison and give treatment to them at the prison premises itself.

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14.It is also seen that owing to the assault against the Jailor,

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a FIR had also been registered as against the convict prisoners. We are therefore, not inclined to order to transfer them from Central Prison Palayamkottai. We would only direct the Superintendent of Prisons to provide more specialised treatment at the Prison Complex, Central Prison, Palayamkottai itself by competent Government Doctors.

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15.With the above directions, this writ petition stands

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dismissed. Consequently, connected miscellaneous petition is closed.

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(C.V.K., J.) (R.P., J.) 28.10.2024

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Index : Yes / No Internet : Yes / No NCC : Yes / No PNM

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To 1. The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai – 600 009.

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The Deputy Inspector General of Prisons, Madurai Range, Madurai – 625 001.

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The Superintendent of Prison, Central Prison, Palayamkottai – 627 007.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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W.P(MD) No.23704 of 2024

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C.V.KARTHIKEYAN, J. and R.POORNIMA, J.

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PNM

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ORDER MADE IN W.P(MD) No.23704 of 2024 and WMP(MD) No.20069 of 2024

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28.10.2024

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Arumugathammal v. The Deputy Inspector General of Prison

Case brief

What is this about?

What did the court decide?

Arumugathammal v. The Deputy Inspector General of Prison

Case brief

What is this about?

What did the court decide?

What the court decided

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