Disposed¶57

Ayoouluwa David v. the State of Tamil Nadu

Madras HC25 Apr 2025WP/2987/2025

Case brief

AI extract

What is this about?

Foreign national prisoners Tamil Nadu; writ of mandamus Article 226; access to telephone booth facility; e-Mulakat; audio/video calls for foreign prisoners; WhatsApp calling facility restoration; G.O.(Ms).No.570 Home (Prison III) Department 06.11.2023; Aadhaar card / bank account documentation requirement; Memorandum dated 16.04.2025 Department of Prisons and Correctional Services; e-Prison Visitor Registration; Rule 531(4) Tamil Nadu Prison Rules 2024; Central Prison Puzhal-I Superintendent; interim orders; writ petition closed no further order; Madras High Court 25.04.2025.

What did the court decide?

No further judicial order; the writ petition was closed without costs after the sought facilities were implemented by the Department's Memorandum dated 16.04.2025. ¶57

Ayoouluwa David Vs the State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No further judicial order; the writ petition was closed without costs after the sought facilities were implemented by the Department's Memorandum dated 16.04.2025.

¶57

Issue for consideration

Whether foreign national prisoners in Tamil Nadu prisons should be provided the facility of audio/video call and the e-Mulakat system to contact persons within the country. +2 more

¶23

Court's answer

Finding that the prayer of the writ petition had been implemented by the Government of Tamil Nadu (through the Department's Memorandum dated 16.04.2025 extending the sought facilities to foreign nationals), the Bench held that no further order was required in the writ petition.

¶57

Key takeaways

The Bench placed on record its appreciation to the Department of Prisons and Correctional Services, Government of Tamilnadu, for the prompt action taken to redress the grievance of the foreign prisoners.obiter¶51

Detailed headnote1 paragraphs

Madras High Court (M.S. Ramesh and N. Senthilkumar, JJ.), W.P.No.2987 of 2025, decided 25.04.2025 - Foreign national prisoners; prison communication facilities. Petitioners, foreign nationals confined in Tamil Nadu prisons, sought a Writ of Mandamus under Article 226 directing the Superintendent, Central Prison, Puzhal - I to provide telephone-booth access compliant with G.O.(Ms).No.570 Home (Prison III) Department dated 06.11.2023 without bank-account/Aadhaar documentation, and to restore the WhatsApp calling facility; their grievance was that audio/video call and e-Mulakat facilities were unavailable to foreign prisoners to contact persons in India. Following interim orders, the Department of Prisons and Correctional Services issued a Memorandum dated 16.04.2025 (reproduced in the judgment, 16 points) covering booth-based video/audio calls, e-Prison visitor registration, UPI-based payments, e-Mulakat per Rule 531(4) of the Tamil Nadu Prison Rules, 2024, emergency messaging, family interviews and inter-prison visits. Finding the prayer thus implemented, the Court recorded its appreciation to the Department and closed the writ petition without further order; no costs.

¶1

W.P.No.2987 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 25.04.2025

¶4

CORAM :

¶5

THE HONOURABLE MR. JUSTICE M.S.RAMESH

¶6

and

¶7

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

¶8

W.P.No.2987 of 2025

¶9

1.Ayoouluwa David 2.Ozoemena 3.Edwin 4.Augustine

¶10

... Petitioners

¶11

Vs.

¶12

1.The State of Tamil Nadu Represented by its Principal Secretary Home (Prison III) Department Secretariat, Chennai 600 009

¶13

2.The Director General of Prisons Tamil Nadu Prisons Department Chennai 600 008

¶14

3.The Inspector General of Prisons Prison Head Quarters Egmore, Chennai 600 008 4.The Superintendent Central Prison, Puzhal - I Chennai ... Respondents

¶15

Page 1 of 8

¶16

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

¶17

Prayer: Writ

¶18

W.P.No.2987 of 2025

¶19

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 4th respondent to ensure the petitioner's access to the telephone booth facility in compliance with G.O.(Ms).No.570 Home (Prison III) Department, dated 06.11.2023, without requiring documents such as bank account details or Aadhaar cards and also direct the 4th respondent to restore the whatsapp calling facility previously available to prisoners, particularly for foreign nationals who were unable to use the regular telephone booth due to documentation issues.

¶20

F or Petitioner : Mr.P.M.Basil For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

¶21

ORDER

¶22

M.S.RAMESH, J. AND N.SENTHILKUMAR, J.

¶23

The grievance of the petitioners, who are the foreign national, is that the facility of audio / video call and e-Mulakat system is unavailable to foreign prisoners to contact the persons within the country. After issuance of several interim orders, the department of Prisons and Correctional Services, Government of Tamilnadu, has issued a Memorandum dated 16.04.2025, extending such facilities to the foreign

¶24

Page 2 of 8

¶25

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

¶26

W.P.No.2987 of 2025

¶27

nationals. The memorandum is extracted hereunder for ready reference:

¶28

" 1.Foreign prisoners can make video and audio calls using telephone booths to contact relatives, friends, and lawyers available in India.

¶29

2.Relatives' details of foreign prisoner who lives in India shall be entered in the e-Prison in 'Visitor Registration' menu in Prisoner Management System.

¶30

3.In e-Prison, the relatives' details such as mobile number of all foreign prisoners shall be entered for video and audio calls.

¶31

4.Foreign Prisoners' relatives can deposit money in the Superintendent's PCP Bank accounts through online for payment of phone calls.

¶32

5.CP-1, CP-2 and SPW Chennai Superintendents to receive money in Bank and should activate UPI (GPay etc). No money order, cash transactions are allowed.

¶33

6.An Standard Operating Procedure for e-Mulakat for foreign prisoners should made by the Superintendent, CP-2, Chennai to be implemented for all foreign prisoners.

¶34

Page 3 of 8

¶35

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

¶36

W.P.No.2987 of 2025

¶37

7.India based relatives, friends and lawyers can hold e- Mulakat with the foreign prisoners as per Prison rules No.531(4) of Tamil Nadu Prison Rules, 2024.

¶38

8.One mobile number for prison should be earmarked for receiving emergency messages from the relatives and friends of foreign prisoners.

¶39

9.Mobile number, email and address details of the first kin of the foreign prisoners should be entered in 'User details' in e-Prison for emergency (death etc), e-Mulakat.

¶40

10.Whatsapp message communicating this number for emergencies should be communicated to next kin of all foreign prisoners (Sr.no.9)

¶41

11.Messages received on this phone number only from the registered number in Used Details and in English only be communicated to the prisoner by the Welfare Officer / Control Room in charge during non-office hours.

¶42

12.In case any emergency like death, the Superintendent of the Central Prison concerned / Special Prison for Women

¶43

Page 4 of 8

¶44

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

¶45

W.P.No.2987 of 2025

¶46

shall contact Prison Headquarters for permission for arrangement of e-Mulakat.

¶47

13.Where the parents or child of the foreign prisoner visit prison in person, mother, father or children should be allowed interview in jailer room through the main gate.

¶48

14.Prisoners having relatives in other prisons can visit the prison and meet once in a month on Second Saturday only. Women prisoners should go to the men prison and not vice versa. Such meetings should be held in the interview hall only and through the main gate.

¶49

15.Advance booking through telephone (044 26590000) for such visits should be made on second Friday of each month by Welfare Officer / Social case Work Expert on verbal requests of the prisoner.

¶50

16.Sufficient escort should be organized by the Superintendent concerned for such visits."

¶51

2.We place our appreciation to the Department of Prisons and Correctional Services, Government of Tamilnadu, for the prompt action

¶52

Page 5 of 8

¶53

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

¶54

W.P.No.2987 of 2025

¶55

taken by them to redress the grievance of the foreign prisoners.