Evelyn Genela v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2023 Coram The Hon'ble Mr. Justice M.SUNDAR and The Hon'ble Mr. Justice M.NIRMAL KUMAR & W.M.P.No.1872 of 2023 Mrs.Evelyn Genela W/o. Selvam ... Petitioner -vs1. The State rep. by its The Director General of Prisons No.02, Whannels Road, Egmore Chennai - 600 008
2. The Superintendent of Prison Central Prison at Trichy
3. The Superintendent of Prison Central Prison at Puzhal-I Thiruvallur - 600 066 ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to
M.M.No.6066/CN.2/2022 dated 20.07.2022 passed by the 1st respondent and quash the same and consequently direct the husband of the petitioner/convict prisoner namely C.Selvam, son of Chinnadurai from 2nd respondent to 3rd respondent.
For Petitioner ..
Mr.M.Mohamed Saifulla For Respondents ..
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
[Order of the Court was made by M.NIRMAL KUMAR, J.] The petitioner, wife of convict prisoner, namely C.Selvam has filed this writ petition challenging the rejection of request for permanent transfer of C.Selvam, son of Mr.Chinnadurai (Convict No.23170) from Central Prizon Trichy to Central Prison I, Puzhal. The said request has been rejected by proceedings dated 20.07.2022 bearing reference K/K/vz;/6066-rpe/2-2022 and challenging the said proceedings the petitioner has filed this writ petition.
2. The contention of the petitioner is that the petitioner earlier was awarded punishment of hanging in S.C.No.392 of 1997 by the Principal
District and Sessions Judge, Tirunelveli against which the petitioner preferred an appeal before this Court in Crl.A.No.1010 of 1998 and this Court confirmed the sentence against which the petitioner had filed an appeal before Apex Court in Crl.A.No.1999 of 1999 and in the meanwhile, the petitioner sent a mercy petition to the Governor but the same was rejected. Thereafter, the petitioner sent a mercy petition to President of India which was considered and his sentence of hanging was modified to life imprisonment but with a condition that the convict shall remain in prison for the whole of the remainder of his natural life and there shall be no remission of the term of imprisonment. This order was passed on 25.06.2012.
The convict prisoner (petitioner's husband) was initially lodged in Central Prison, Palayankottai and thereafter he had been transferred to various central prisons in Cuddalore, Vellore, Madurai, Salem, Coimbatore and lastly to Trichy. The petitioner's husband had some grievance with the Central Prison authorities, Salem while he was confined there for which he had been brutally attacked. Thereafter, the petitioner had filed a complaint before the Human Rights Commission.
were inimical towards him. It is averred that petitioner's husband was always living with fear. Thereafter, the convict prisoner had some dental problem for which he was shifted to Central Prison, Puzhal for treatment. When the petitioner's mother-in-law visited her son (convict prisoner) , he informed her that he is feeling safe in Central Prison, Puzhal where he was given medical treatment and it would be better that if he is retained in Central Prison, Puzhal. The petitioner's mother-in-law had sent a representation dated 15.02.2022. Since no action was taken, she filed W.P.No.16206 of 2022 before this Court and this Court on 24.08.2022 had disposed of the writ petition recording that the representation dated 15.02.2022 had been rejected by order dated 20.07.2022 and the same has been communicated. This rejection order is under challenge in the present writ petition.
3. Mr.R.Muniyapparaj, learned Additional Public Prosecutor filed his counter and submitted that petitioner's husband is a troublemaker who ganged up the inmates of the prison into groups and there was always commotion on competitive situation. Besides several warnings, he continues to indulge in such activities and for said reason, he was transferred from one
prison to other. Learned Additional Public Prosecutor further submitted that the petitioner and her mother-in-law have been sending representations taking turns and also filing cases with design. He further submitted that after rejection of the representation dated 15.02.2022, the petitioner's mother-in-law had sent another representation dated 07.12.2022 which is under consideration.
4. Be that as it may, from the submissions it is seen that the petitioner's husband seems to be a person who has been detained in almost all the central prison in the State and he had been constantly transferred depending upon the situation considering the safety and discipline. For better appreciation, it would be appropriate to extract paragraphs 6 to 8 of the counter affidavit, which read as follows: '6) Further it is submitted that the petitioner's husband Selvam, S/o.Chinnadurai Life Convict Prisoner No.23170 requested of permanent transfer to Central Prison-I, Puzhal was rejected by the Director General of Police/ Director General of Prisons and Correctional Service, Chennai 1st respondent Memo No.6066/PW.2/2022 dated 20.07.2022 due to security problem in prison and administrative purpose.
7) I further submitted that the averments contained in Para 4 and 5 of the affidavit, it is submitted that the above said Life Convict
Prisoner No.23170 Selvam, S/o.Chinndurai was effected transfer to the prisons noted below on various occasions on administrative grounds as per orders of the 1st respondent Director General of Police/Director General of Prisons and Correctional Service, Chennai as follows: Additional Director General Police and Inspector General of Prisons / Court, Order Details Transferred Prisons Details From Date of Transfer To Government Order No.646, Home (Prison.5) Department dated 30.04.2003 and Additional Director General Police and Inspector General of Prisons Memo No.24078/PW.2/2003, Dated 07.08.2003 Central Prison, Palayankotta i 09.08.2003 Central Prison, Cuddalore Government Order No.510, Home (Prison.5) Department dated 24.05.2006 and Additional Director General Police and Inspector General of Prisons Memo No.
20248/PW.2/2006, Dated 24.05.2006 Central Prison, Cuddalore 25.05.2006 Central Prison, Vellore Government Order No.344, Home (Prison.5) Department dated 26.03.2006 and Additional Director General Police and Inspector General of Prisons Memo No.
52718/PW.2/2007, Central Prison, Vellore 29.03.2008 Central Prison, Madurai
Dated 28.3.2008 Additional Director General of Prisons, Order No.52718/PW.2/2008, Dated:01.05.2008 Central Prison, Madurai 01.05.2008 Central Prison, Trichy Additional Director General of Prisons Order No.34093/CS.3/2012-2, Dated 10.10.2012 Central Prison, Trichy 14.10.2012 Central Prison1, Puzhal Additional Director General of Prisons Order No.12879/PW.2/2013, Dated 06.08.2013 Central Prison-1, Puzhal 09.08.2013 Central Prison, Vellore Additional Director General of Prisons Order No.34068/PW.2/2016, Dated 16.09.2016 Central Prison, Vellore 17.09.2016 Central Prison, Salem Additional Director General of Prisons Order No.5511/PW.2/2018, Dated 13.04.2018 Central Prison, Salem 15.04.2018 Special, Sub Jail, Poonamalle Additional Director General of Prisons Order No.5511/PW.2/2018, Dated 13.04.2018 Special Sub Jail, Poonamalle 21.10.2018 Central Prison, Salem Additional Director General of Prisons Order No.41164/PW.2/2018, Dated 20.11.2018 Central Prison, Salem 21.11.2018 Central Prison, Cuddalore Additional Director General of Prisons Central Prison, 31.08.2019 Central Prison, Trichy
Order No.31749/PW.2/2019, Dated 30.08.2019 Cuddalore Additional Director General of Prisons Order No.38481/PW.2/2019, Dated 04.11.2019 Central Prison, Trichy 06.11.2019 Central Prison, Coimbatore Additional Director General of Prisons Order No.33661/PW.2/2020, Dated 28.07.2021 Central Prison, Coimbatore 29.07.2021 Central Prison, Trichy Additional Director General of Prisons Order No.44974/PW.2/2021, Dated 30.12.2021 (For Medical Purpose) Central Prison, Trichy 01.01.2022 Central Prison-I, Puzhal
8. Further, it is submitted that the above said Selvam, s/o.Chinnadurai Life Convict Prisoner No.23170 was admitted in Central Prison, Trichy on 16.09.2022 after his medical treatment. Again, he was transferred to Central Prison-1, Puzhal on 28.01.2023 for his dental medical treatment referred by the Prison Medical Officer, Central Prison, Trichy.
5. Learned Additional Public Prosecutor is unable to give the details of treatment provided to the convict prisoner Selvam. Further it is seen that subsequent representation given by the petitioner on 07.12.2022 is a separate cause of action. The prison authorities shall take appropriate action
on the same. The rights of the petitioner are preserved in this regard. As far as this petition is concerned, this Court finds no reason to interfere with the impugned order.
6. In the view of the above, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
(M.S,J.) (M.N.K.,J.) 22.02.2023 Index: Yes/No gpa To
1. The Director General of Prisons No.02, Whannels Road, Egmore Chennai - 600 008
2. The Superintendent of Prison Central Prison at Trichy
3. The Superintendent of Prison Central Prison at Puzhal-I Thiruvallur - 600 066 4.The Public Prosecutor Madras High Court Chennai - 104
M.SUNDAR, J.
and M.NIRMAL KUMAR, J.
gpa & W.M.P.No.1872 of 2023 22.02.2023