Kalpana v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Kalpana ... Petitioner Vs.
1. The Director General of Police, Tamilnadu Prison department, Gandhi Irwin Salai, Egmore, Chennai.
2. The Superintendent of Police, Central Prison Puzhal, Chennai.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to treat the all accused equal inside the prison and providing telephone facilities and video call facilities to the petitioner's son and other accused in Crime No.293 of 2024 on the file of Sembium Police Station, based on the petitioner's representation dated 20.02.2025. For Petitioner : Mr.S.Kasirajan For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
This writ petition has been filed for direction, directing the respondents to treat the petitioner's son equally with all other prisoner by providing telephone facilities and video call facilities, who is now confined in Central Prison, Puzhal, Thiruvallur District. 2.
The petitioner's son was arrested and remanded to judicial custody in pursuant to the registration of FIR in Crime No.293 of 2024 on the file of the Inspector of Police, K1 Sembium Police Station, for the offences punishable under Section 61(2)(a) r/w103(1), 191(3), 351(3), 109, 238 r/w 190, 49 of BNS 4(b) r/w 5,6 of Explosive Substances Act, 1908 and 3 r/w. 25(1B)(a) of Arms Act, 1959. Now the petitioner's son is confined at Central Prison, Puzhal. Whenever the petitioner goes to prison to see her son, she is not being allowed to see her son and her son is confined in solitary confinement. She is not being allowed to talk with her son. That apart, the petitioner's son was not provided with any telephone facility.
3.
Heard the learned counsel appearing on either side and perused the materials placed before this Court.
4.
On perusal of the status report filed by the second respondent, it is revealed that the petitioner's son is an Advocate. He was involved in the murder case of Bagujan Samaj Party State president of Tamil Nadu one Armstrong. His safety and security is very important, while he was under confinement. Therefore, he has been put in high security block. Further, the petitioner and other relatives were periodically allowed to see him and he was also allowed for telephonic and video conferencing call facilities. He was provided with all facilities equivalent to all other prisoners.
5.
In view of the above facts and circumstance, the second respondent is directed to treat the petitioner's son equivalent to other prisoners including video call facilities. The second respondent is also directed to allow all the relatives of the petitioner's son to see him in the prison during the visiting hours, in accordance with law. The first respondent shall ensure that the second respondent has treated the petitioner's son equivalent to all other remand prisoners in Puzhal prison.
6.
With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
07.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts
To
1. The Director General of Police, Tamilnadu Prison department, Gandhi Irwin Salai, Egmore, Chennai.
2. The Superintendent of Police, Central Prison Puzhal, Chennai.
3. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J.
rts 07.03.2025