Paulin Clara v. The Secretary Department Of Home

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN H.C.P.No.406 of 2020 and Crl.M.P.No.2458 of 2020 Paulin Clara .. Petitioner Vs.

1. The Secretary, Department of Home, Prison and Administration Home Home Department, Secretariat, Chennai.

2. The Director General of Prison, Chennai.

3. The Additional Director General of Prison, Egmore, Chennai.

4. The Superintendent, Cuddalore Prison .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus to direct the respondents to consider the representation of the petitioner, dated 11.02.2020 under Sections 632 and 633 of the Tamil Nadu Prison Manual Volume-II (Releases for sick prisoners and prisoners in danger of death) and Central Government advisory to treat terminally ill prisoners (G.O.No.V17014/5/2010-PR) and release the detenue Abraham @ Rajasekaran, S/o James David, 73/M, Convict No.16844, who is now bedridden, and confined at Government Hospital, Cuddalore and set him at liberty on premature release basis, and medical grounds. For petitioner : Mr.R.Sankarasubbu For respondents: Mr.R.Prathap Kumar, Addl.P.P.

ORDER

(The Order of the Court was made by R.Subbiah, J) The petitioner has filed the above Habeas Corpus Petition praying for issuance of a Writ of Habeas Corpus to direct the respondents to consider the representation of the petitioner, dated 11.02.2020 - Sections 632 and 633 of the Tamil Nadu Prison Manual Volume-II (Releases for sick prisoners and prisoners in danger of death) and Central Government advisory to treat terminally ill prisoners (G.O.No.V-17014/5/2010-PR) and release the detenue Abraham @ Rajasekaran, S/o James David, 73/M, Convict No.16844, who is now bed-ridden, confined at Government Hospital, Cuddalore and set him at liberty on premature release basis, medical grounds, to secure the ends of justice.

2. In the affidavit filed in support of the Habeas Corpus Petition, it is stated by the petitioner, who is the daughter of the detenue Abraham @ Rajasekaran, that her father was a convict prisoner and languishing in prison for a period of three years, as he was convicted for the offence under Section 302 IPC in Crime No.621 of 2011 relating to S.C.No.371 of 2012 on the file of the Sessions Court, Mahalir Neethi Mandram, Villupuram, by judgment dated 24.02.2016 and the further appeal to this Court in Crl.A.No.304 of 2016 was dismissed. Her father's health condition was deteriorating. He was diagnosed for chronic kidney disease (stage-5 - kidney failure), heart disease (coronary artery disease), multiple clots in brain as a result of strokes, dementia, filarial leg and other related ailments.

He was completely bed-ridden and suffering from bed-sores. From 20.03.2019 till date, he was undergoing rigorous treatment for all his above mentioned ailments in Global Hospital, Perumbakkam. The Doctors certified that his ailments are irrecoverable and he must be under constant care and maintenance with medicines for survival. Further, from 19.12.2019 till date, for the past more than 60 days, he was fully confined in Stanley Hospital, Chennai and Cuddalore Government Hospital and was not showing any sign of recovery/improvement. Hence, the present Habeas Corpus Petition is filed for the relief stated supra to grant permission to enable the detenue to take treatment in a private hospital.

3. When the Habeas Corpus Petition is taken up for hearing today, it is represented by the learned Additional Public Prosecutor appearing for the respondents that the detenueAbraham @ Rajasekaran died today (25.02.2020) in the prison.

4. In view of the above submission made by the learned Additional Public Prosecutor, nothing survives for consideration in this Habeas Corpus Petition and Crl.M.P., which are accordingly closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar cs To

1. The Secretary, Department of Home, Prison and Administration Home Department, Secretariat, Chennai.

2. The Director General of Prison, Chennai.

3. The Additional Director General of Prison, Egmore, Chennai.

4. The Superintendent, Cuddalore Prison.

5. The Public Prosecutor, High Court, Madras. +1 cc to Mr.R.Sankara Subbu Advocate sr16891 H.C.P.No.406 of 2020 vd(co) aa13/07/2020