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Madras High CourtHCP/1379/2019disposed of

Poovarasi v. The Additional Director General Of Prison

2019-08-05Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05..08..2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P.No.1379 of 2019 Poovarasi .. Petitioner Vs 1.The Additional Director General of Prison (Whannels Road) No.2, Gandhi Irwin Road, Egmore, Chennai.

2.The Superintendent of Prison, Special Prison for Women, Puzhal, Chennai - 600 066.

..

Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to direct the 2nd respondent to provide the petitioner with ''A Class'' facility in Special Prison for Women, Puzhal, immediately. For Petitioner ..

Mr.P.G.Perumal Pandian For Respondents ..

Mr.C.Iyyapparaj APP for RR1 & 2

ORDER

(Order of the Court was delivered by M.M.SUNDRESH, J.) The petitioner, being lady, seeks 'A' Class facility in the prison on the premise that she is a post graduate apart from being an erstwhile business woman.

2. The learned Additional Public Prosecutor has submitted that as per Rule 225 of The Tamil Nadu Prison Rules, 1983, the petitioner is not entitled to 'A' Class facility and therefore, https://hcservices.ecourts.gov.in/hcservices/

the petition will have to be dismissed.

3. The petitioner is a women and she has undergone more than nine years of imprisonment. She is also a post graduate holder and a para legal volunteer. Rule 225 deals with the social status, education or habit of life. All these categories will have to be read together on the principle of ejusdem generis. Therefore, we are of the view that she is entitled for 'A' class facility.

4. In the result, the respondents are directed to provide 'A' class facility to the petitioner/convict. This Habeas Corpus Petition is disposed of accordingly with the above direction. Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar kmk/msrm To 1.The Additional Director General of Prison (Whannels Road) No.2, Gandhi Irwin Road, Egmore, Chennai.

2.The Superintendent of Prison, Special Prison for Women, Puzhal, Chennai - 600 066.

3.The Joint Secretary to Government, Public (Law and Order) Department, Secretariat, Fort St. George, Chennai 600009. 4.The Public Prosecutor, High Court of Madras, Madras. MP(CO) CB(20/09/2019) H.C.P.No.1379 of 2019 https://hcservices.ecourts.gov.in/hcservices/