Palaniammal v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 15.12.2015
CORAM
THE HONOURABLE MR. JUSTICE R. SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH HCP.No.353/2014 & MP.No.1/2014 Palaniammal ..Petitioner W/o Arumugam C/o Sankar
Versus
1.The Government of Tamilnadu Rep by its Secretary Home Department, Fort St George, Chennai 600009.
2.The Inspector General of Prisons Egmore, Chennai 600 008.
3.The Superintendent Central Prison, Coimbatore.
..Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus directing the respondents to produce the body of the petitioner's son Ravi @ Friends Ravi, life convict No.17112 now confined in Central Prison, Coimbatore before this Court pursuant to the represenation dated 25.01.2014 forbearing the 3rd respondent from keeping the petitioner's son Ravi @ Friends Ravi, life convict No.17112 in solitary confinement in the Central Prison, Coimbatore.
For Petitioner :
Mr.A.P.Sathyamurthy For Respondents :
Mr.A.N.Thambidurai Additional Public Prosecutor
ORDER
[Order of the Court was made by P.N.PRAKASH, J.,] The above petition has been filed by the petitioner/mother of the detenu/life convict Ravi @ Friends Ravi, life convict No.17112, who is confined in the Central Prison, Coimbatore, seeking to release the detenu from the solitary confinement.
Heard the submissions of the learned counsel appearing for the petitioner and Mr.A.N.Thambidurai, learned Additional Public Prosecutor appearing for the respondents and also perused the counter affidavit dated 24.02.2014 and the additional counter-affidavit dated 25.08.2014 filed on behalf of the respondents.
It is the case of the petitioner that her husband who is a life convict serving imprisonment in the Central Prison, Coimbatore, is kept under the solitary confinement and that his fundamental rights have been infringed. It is the further prayer of the petitioner that her husband should be transferred from out of the Central Prison, Coimbatore to any other Central Prison in the State. The respondents have filed counter affidavit and additional affidavit, refuting the allegations made by the petitioner.
The Superintendent of Central Prison, Coimbatore, has given the details regarding the number of visitors who have been permitted to visit the prisoner/life convict/detenu herein from 10.12.2013 to 19.08.2014. They have also given the names of the other convicts who are with the detenu, in order to show that the detenu is not in solitary confinement. As regards the second limb of contention regarding transfer of prison, it is the matter of internal discipline of the Prison Authorities and this Court cannot interfere with the same, as a matter of course. Accordingly, the Habeas Corpus Petition is dismissed as devoid of merits. Consequently, the connected miscellaneous petition is also dismissed.
Sd/ ASSISTANT REGISTRAR(CS-II) /TRUE COPY/ SUB-ASSISTANT REGISTRAR AP To 1.The Secretary, Government of Tamilnadu Home Department, Fort St George, Chennai 600009.
2.The Inspector General of Prisons Egmore, Chennai 600 008.
3.The Superintendent Central Prison, Coimbatore.
4.The Public Prosecutor High Court, Madras.
+1 CC to MR.A.P.Sathyamurthy Advocate. SR.NO.67381 HCP.No.353/2014 CO-VD JD 05/01/2016