Mina Jalandar Pakhare v. The Superintendent Of Prison
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-06-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Mina Jalandar Pakhare W/o Jalandar Damu Pakhare, Temporarily residing at, No.29, Karpagam Garden, 1st main Road, Adyar, Chennai.
..Petitioner(s) Vs
1. The Superintendent of Prison Central Prison, Puzhal, Chennai - 600066.
2. State Rep by., The Inspector Of Police C2, Elephant Gate Police Station, Chennai.
..Respondent(s) Prayer:
Writ petition filed under Article 226 of Constitution of India to direct the 1st respondent to take the petitioner's son Kailas Jalinder Pakhare, Immediately for further examination and to get an expert/specialist opinion from the MGM healthcare - Malar, Adyar Chennai.
For Petitioner(s):
Mr.M.G.Martinmanivannan For Respondent(s):
Mr.C.R.Malarvannan Counsel For Government Of Tamil Nadu (Criminal Side) Order (Order of the Court was made by Dr.Anita Sumanth J.) The petitioner has earlier approached this Court in W.P.(Crl.) No.806 of 2026 seeking mandamus directing the authorities to shift the detenu Kailas Jalandar Pakhare (convict) to a private hospital for medical care. In that Writ Petition, we have passed orders on 15.04.2026 and 29.04.2026, that read as follows:
Order dated 15.04.2026:
Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel accepts notice for the respondents.
2. The petitioner is the wife of Jalandar Damu Pakhare, who is presently confined in Central Prison, Puzhal (convict). She states that the convict is ill and is suffering from chronic kidney disorder and mental health illness. His last admission in Government Stanley Medical College & Hospital was on 24.03.2026 and he was discharged on 10.04.2026.
3. The discharge summary placed before us indicates that his discharge was with the consent of the doctors and he is under treatment for various illnesses noted therein.
4. According to the petitioner, the convict's health issues continue and are, in fact, aggravated. However, there is no proper medical attention being given to him in the jail. Hence,
this petition, as she apprehends serious deterioration in her husband's health.
5. Since, the convict has been discharged only on 10.04.2026, we are not immediately inclined to order shifting him to a hospital right now. Alternatively, we direct Mr.Muniyapparaj, learned Additional Public Prosecutor to inform the jail authorities to arrange for a medical assessment of the convict today (15.04.2026).
6. A copy of the assessment shall be furnished to the petitioner on 16.04.2026, once the assessment is complete, in order to enable them to take a second opinion from a private hospital, should it be needed.
7. Let a medical report indicating whether it is necessary to shift the convict yet again to the hospital be filed on the next date of hearing. If in the affirmative, the petitioner will inform us to which private hospital they intend to approach in order that consent may be obtained from that hospital also.
8. List on 17.04.2026.
Order dated 29.04.2026:
Read this order in continuation of and in conjunction with earlier orders.
2.Prayer is for a mandamus directing the first respondent to shift the detenu one Kailas Jalinder Pakhare, to a private hospital for medical treatment. On the last occasion, we had directed the medical assessment of the detenu to be made. That has been done and the report has also been given to the petitioner. Petitioner has thereafter been asking time. 3.We do not see any reason to keep this writ petition pending. Needless to say, the petitioner is always at liberty to examine the medical assessment that has been given by the authorities, seek second opinion and approach this Court should it be necessary, for appropriate orders.
4.With this, this writ petition(Crl.) is closed. No costs.
2. The above orders are self-explanatory and in conclusion, we have granted liberty to the petitioner to seek a second opinion in relation to the medical assessment of the convict. The present Writ Petition has been filed again seeking a direction to the authorities to permit examination of the convict by a medical expert in a private hospital.
3. We see some merit in the contention of the learned counsel for the petitioner that a second opinion cannot be obtained till such time the consulting doctor examines the convict. It appears that a representation has been made by the petitioner already in this regard, which is pending before the authorities.
4. In light of the aforesaid discussion, we direct the authorities to permit the convict to be taken for examination in a private hospital, (we are told that they prefer Malar Hospital), with escort, forthwith, at the cost of the petitioner.
5. This Writ Petition is allowed.
(A.S.M.,J.) (S.M.,J.) 12-06-2026 sl Index: Yes/No Speaking order Note to Registry: Issue Today.
To
1. The Superintendent of Prison Central Prison, Puzhal, Chennai - 600066.
2. The Inspector Of Police C2, Elephant Gate Police Station, Chennai.
3. The Public Prosecutor, High Court of Madras.
DR.ANITA SUMANTH J.
AND SUNDER MOHAN J.
SL 12-06-2026