Dismissed¶44

Shameem Banu v. State of the Additional Chief

Madras HC10 Mar 2025WP/1439/2025

Case brief

AI extract

What is this about?

Article 226 writ of mandamus; allegation of assault on prisoners by jail authorities; Central Prison-1 Puzhal; Jailer V. Santhakumar; Deputy Jailers R. Manikandan and Syed Shajith; DIG of Prisons inquiry report dated 07.03.2025; suo motu impleadment of Dean, Rajiv Gandhi Government General Hospital; no misconduct warranting disciplinary action; representations held baseless; writ petitions dismissed, no costs; connected miscellaneous petitions closed; Madras High Court, 10.03.2025; W.P.Nos.1439-1441 of 2025; W.M.P.Nos.1679-1683 of 2025; medical treatment of convict prisoner Yokesh.

What did the court decide?

On perusal of the DIG of Prisons' report, the Court found that a ruckus had occurred due to the prisoner's resistance, resulting in injuries to the prisoners as well as to the jail authority, who were admitted in the Government Hospital.

Shameem Banu Vs State of the Additional Chief — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether appropriate/disciplinary action should be initiated against respondents 4 to 6 (jail authorities) on the petitioners' representations dated 11.01.2025, 12.01.2025 and 13.01.2025 alleging that the prisoners were assaulted by the jail authorities. +1 more

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Court's answer

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Ratio / Principle

The detailed inquiry conducted with the jail authority, the prisoners and the co-prisoners revealed no misconduct on the part of respondents 4 to 6 warranting disciplinary action.

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Key takeaways

Being satisfied with the inquiry report, the Court held that the averments in the petitioners' representations were baseless insofar as they sought initiation of departmental action against the jail authority.ratio¶43

Detailed headnote1 paragraphs

Madras High Court (M.S. Ramesh and N. Senthilkumar, JJ.; order by M.S. Ramesh, J.), common order dated 10.03.2025 in W.P.Nos.1439 to 1441 of 2025 and W.M.P.Nos.1679 to 1683 of 2025: Three writ petitions under Article 226 filed by relatives (wife, mother and brother) of inmates of Central Prison-1, Puzhal, sought a Writ of Mandamus to direct respondents 1 to 3 to consider their representations dated 11.01.2025, 12.01.2025 and 13.01.2025 and take action against jail authorities (R4 Jailer V. Santhakumar; R5 and R6 Deputy Jailers R. Manikandan and Syed Shajith) who allegedly assaulted the prisoners; WP.No.1441/2025 additionally sought proper medical treatment for convict prisoner Yokesh (Ct.No.4804). Pursuant to this Court's earlier order dated 17.01.2025, the Deputy Inspector General of Prisons filed a report dated 07.03.2025; inquiry with the jail authority, prisoners and co-prisoners showed a ruckus caused by the prisoners' resistance, injuring both prisoners and jail staff, and revealed no misconduct by respondents 4 to 6 warranting disciplinary action. Holding the averments baseless insofar as they sought departmental action, the Court dismissed all three writ petitions with no costs and closed the connected miscellaneous petitions.

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W.P.Nos.1439 to 1441 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.03.2025

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CORAM :

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THE HONOURABLE MR. JUSTICE M.S. RAMESH AND

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THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR

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W.P.Nos.1439 to 1441 of 2025 and W.M.P.Nos.1679 to 1683 of 2025

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Shameem Banu ... Petitioner in WP.No.1439/2025 Mumtaj . .. Petitioner in WP.No.1440/2025 P.Prakash ... Petitioner in WP.No.1441/2025

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Vs.

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

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

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3.The Superintendent of Prison, Central Prison-1, Puzhal, Chennai – 600 066. ... Respondents in all WPs

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4.Mr.V.Santhakumar, Jailer, Central Prison-1,

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.1439 to 1441 of 2025

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Puzhal, Chennai – 600 066. 5.Mr.R.Manikandan, Deputy Jailer, Central Prison-1, Puzhal, Chennai – 600 066.

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6.Mr.Syed Shajith, Deputy Jailer, Central Prison-1, Puzhal, Chennai – 600 066.

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... Respondents 4 to 6 in WP.Nos.1439 & 1440 of 2025

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7.The Dean, Rajiv Gandhi Government General Hospital, Chennai – 600 003.

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... R7/R4 in all WPs

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[R7/R4 suo motu impleaded as per order dated 17.01.2025 in WP.Nos.1439 to 1441 of 2025 by SMSJ & VLNJ]

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Prayer in WP.No.1439/2025: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 to 3 to consider the representation of the petitioner dated 11.1.2025 and 12.1.2025 and to take appropriate action against respondents No.4 to 6, who had assaulted the petitioner's husband.

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Prayer in WP.No.1440/2025: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 to 3 to consider the representation of the petitioner dated 13.1.2025 and to take appropriate action against respondents No.4 to 6, who had assaulted the petitioner's son.

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Prayer in WP.No.1441/2025: Writ Petition filed under Article 226 of the

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W.P.Nos.1439 to 1441 of 2025

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Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 to 3 to consider the representation of the petitioner dated 12.1.2025 and to provide proper medical treatment to the petitioner's brother namely Mr.Yokesh, S/o.Ponnurangam, aged 40 years, Ct.No.4804, convict prisoner, now confined in the Central Prison – 1, Puzhal, Chennai – 66.

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F or Petitioners : Mr.P.Pugalenthi (in all WPs) For R1 to R3 : Mr.R.Muniyapparaj, (in all WPs) Additional Public Prosecutor assisted by Mr.M.Sylvester John For R7/R4 : Mr.K.Tippu Sulthan, (in WP.Nos.1439 & 1440/2025) Government Advocate

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COMMON ORDER

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

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The limited prayer sought for in these Writ Petitions is to consider the representations of the petitioners dated 11.01.2025, 12.01.2025 and 13.01.2025 respectively, wherein they had sought for initiation of appropriate action against the respondents 4 to 6, who are the jail authorities.

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W.P.Nos.1439 to 1441 of 2025

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2 . According to the petitioners, the prisoners were assaulted by the

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respondents 4 to 6/jail authorities for no fault of theirs and sustained injuries and therefore, the petitioners seek for action against the jail authorities.

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3 . This Court, through its earlier order dated 17.01.2025, had directed the prison authority to conduct an inquiry and file a report. Accordingly, the Deputy Inspector General of Prisons, has filed a report dated 07.03.2025, wherein he has narrated that detailed inquiry was conducted with the prisoners, as well as the co-prisoners there.

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4 . On perusal of the report, we find that detailed inquiry has been conducted not only with the jail authority, but also with the co-prisoners. It is also seen that there had occurred a ruckus due to the prisoner's resistance, which has resulted in injuries not only to the prisoners, but also to the jail authority and they were admitted in the Government Hospital. The inquiry is self-explanatory, which reveals that there is no misconduct on the part of the respondents 4 to 6 herein, which may warrant disciplinary action.

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W.P.Nos.1439 to 1441 of 2025

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5 . On being satisfied with the inquiry report, we are of the affirmed

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view that the averments made in the petitioners' representations are baseless, insofar as it seeks for initiation of departmental action against the jail authority.

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6. Accordingly, these Writ Petitions stand dismissed. No costs.

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Connected miscellaneous petitions are closed.

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[M.S.R, J.] [N.S, J.] 10.03.2025

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Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Neutral Citation: Yes/No

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Sni

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