Ayoouluwa David v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR 1.Ayoouluwa David 2.Ozoemena 3.Edwin 4.Augustine ... Petitioners Vs.
1.The State of Tamil Nadu Represented by its Principal Secretary Home (Prison III) Department Secretariat, Chennai 600 009 2.The Director General of Prisons Tamil Nadu Prisons Department Chennai 600 008 3.The Inspector General of Prisons Prison Head Quarters Egmore, Chennai 600 008 4.The Superintendent Central Prison, Puzhal - I Chennai ... Respondents
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.
For Petitioner : Mr.P.M.Basil For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
M.S.RAMESH, J.
AND N.SENTHILKUMAR , J.
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
nationals. The memorandum is extracted hereunder for ready reference: "1.Foreign prisoners can make video and audio calls using telephone booths to contact relatives, friends, and lawyers available in India.
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.
3.In e-Prison, the relatives' details such as mobile number of all foreign prisoners shall be entered for video and audio calls.
4.Foreign Prisoners' relatives can deposit money in the Superintendent's PCP Bank accounts through online for payment of phone calls.
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. 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.
7.India based relatives, friends and lawyers can hold eMulakat with the foreign prisoners as per Prison rules No.531(4) of Tamil Nadu Prison Rules, 2024.
8.One mobile number for prison should be earmarked for receiving emergency messages from the relatives and friends of foreign prisoners.
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. 10.Whatsapp message communicating this number for emergencies should be communicated to next kin of all foreign prisoners (Sr.no.9) 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.
12.In case any emergency like death, the Superintendent of the Central Prison concerned / Special Prison for Women
shall contact Prison Headquarters for permission for arrangement of e-Mulakat.
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. 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.
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.
16.Sufficient escort should be organized by the Superintendent concerned for such visits."
2.We place our appreciation to the Department of Prisons and Correctional Services, Government of Tamilnadu, for the prompt action
taken by them to redress the grievance of the foreign prisoners. 3.Since the prayer for the aforesaid writ petition has been implemented by the Government of Tamil Nadu, no further order is required in this writ petition. The writ petition stands closed accordingly. No costs.
[M.S.R, J.] [N.S, J.] 25.04.2025 kas Index : Yes / No To 1.The Principal Secretary Home (Prison III) Department Secretariat, Chennai 600 009 2.The Director General of Prisons Tamil Nadu Prisons Department Chennai 600 008 3.The Inspector General of Prisons Prison Head Quarters Egmore, Chennai 600 008
4.The Superintendent Central Prison, Puzhal - I Chennai 5.The Public Prosecutor High Court of Madras Chennai
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
kas 25.04.2025