V.Bimaraw v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 10844 of 2020 and W.M.P.No. 13170 of 2020 V.Bimaraw ... Petitioner Vs.

1.The Chief Secretary, 2.The Additional Principal Secretary, Home Department, 3.The Inspector General of Prisons, Central Prison Kalapet, Puducherry.

4.The Chief Superintendent of Central Prison, Central Prison Kalapet, Puducherry.

... Respondents Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents immediately to segregate the female prisoners confined in Central Prison complex of Pondicherry at Kalapet and further pleased to transfer the female prisoners to a separate prison with basic amenities.

For Petitioner ..

Mr.R.Vivekananthan For Respondents ..

Mr.Bharatha Chakkaravathy Public Prosecutor(Puducherry)

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition seeking a direction to the respondents to segregate female prisoners housed in the Central Prison Complex of Puducherry. 2.Learned counsel appearing for the petitioner submitted that the guidelines issued by the Central Government and the orders passed by the Apex Court will have to be kept in mind. In the very same building, female prisoners are kept as of now. Therefore, appropriate orders will have to be issued. 3.Learned Public Prosecutor(Puducherry) placing reliance upon paragraphs 4 to 6 of the counter affidavit filed submitted that there is only one inmate as a female prisoner who is housed separately without having any contact with either male prisoner or male warder. She is placed in a separate female yard with 2090 sq.

ft. However, a new building is constructed separately for the female prisoners and the construction is expected to be over within a period of six months. As of now, what is common is the administrative building. Otherwise, there is no connection between the male and female prisoners.

4. In view of the above, no further orders are required. We would only direct the respondents to complete the ongoing construction within a period of six months keeping in mind the directives of the Apex Court and the manual apart from the guidelines which are applicable. The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Chief Secretary,

2.The Additional Principal Secretary, Home Department, 3.The Inspector General of Prisons, Central Prison Kalapet, Puducherry.

4.The Chief Superintendent of Central Prison, Central Prison Kalapet, Puducherry.

+1cc R.Vivekananthan, Advocate, sr no.29981 W.P.No. 10844 of 2020 AJS(CO) RMP(23/10/2020)