Shameem Banu v. State Of The Additional Chief
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.Nos.1679 to 1683 of 2025 Shameem Banu ... Petitioner in WP.No.1439/2025 Mumtaj ... Petitioner in WP.No.1440/2025 P.Prakash ... Petitioner in WP.No.1441/2025 Vs.
1.State by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The Director General of Police & Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai - 600 008.
3.The Superintendent of Prison, Central Prison-1, Puzhal, Chennai - 600 066.
... Respondents in all WPs 4.Mr.V.Santhakumar, Jailer, Central Prison-1,
Puzhal, Chennai - 600 066.
5.Mr.R.Manikandan, Deputy Jailer, Central Prison-1, Puzhal, Chennai - 600 066.
6.Mr.Syed Shajith, Deputy Jailer, Central Prison-1, Puzhal, Chennai - 600 066.
... Respondents 4 to 6 in WP.Nos.1439 & 1440 of 2025 7.The Dean, Rajiv Gandhi Government General Hospital, Chennai - 600 003.
... R7/R4 in all WPs [R7/R4 suo motu impleaded as per order dated 17.01.2025 in WP.Nos.1439 to 1441 of 2025 by SMSJ & VLNJ] 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. 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. Prayer in WP.No.1441/2025: 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 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.
For 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 COMMON ORDER (Order of the Court was made by M.S.RAMESH, J.) 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.
2. According to the petitioners, the prisoners were assaulted by the 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.
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.
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.
5. On being satisfied with the inquiry report, we are of the affirmed view that the averments made in the petitioners' representations are baseless, insofar as it seeks for initiation of departmental action against the jail authority.
6. Accordingly, these Writ Petitions stand dismissed. No costs. Connected miscellaneous petitions are closed. [M.S.R, J.] [N.S, J.] 10.03.2025 Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Sni
M.S.RAMESH, J.
and N. SENTHILKUMAR, J.
Sni To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The Director General of Police & Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai - 600 008.
3.The Superintendent of Prison, Central Prison-1, Puzhal, Chennai - 600 066.
4.The Dean, Rajiv Gandhi Government General Hospital, Chennai - 600 003.
5.The Public Prosecutor, High Court, Madras.
10.03.2025