U.Sheeja v. State By, The Superintendent Of Prison

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022 Coram THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MS.JUSTICE R.N.MANJULA Writ Petition No.27676 of 2021 U.Sheeja W/o.K.Udayakumar .. Petitioner Vs.

1.State by:

The Superintendent of Prison, Central Prison, Coimbatore - 18.

2.The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 25.11.2021 in accordance with law and further, direct the first respondent not to compel the petitioner's son to cut his hair.

For Petitioner :

Ms.S.Nadhiya For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] This writ petition has been filed seeking a direction to the first respondent to consider the representation of the petitioner dated 25.11.2021 in accordance with law and further, direct the first respondent not to compel the petitioner's son to cut his hair.

2. The petitioner's son Aswin is a remand prisoner, having been arrested in Periyanaickenpalayam P.S. Crime No.773 of 2021 for the offences u/s.8(c) and 20(b)(ii)(B) of the NDPS Act, 1985 and he is presently lodged in Central Prison, Coimbatore. It is https://hcservices.ecourts.gov.in/hcservices/

the grievance of the petitioner that her son is sporting a long hair to give it as a religious offering after the pregnancy of his wife and that the prison authorities are compelling him to trim his hair. On these allegations, the present writ petition has been filed with the above prayer.

3. When the matter was taken up for hearing, the learned Additional Public Prosecutor brought to the notice of this Court Rule 823 of the Tamil Nadu Prison Rules, 1983, wherein it is stated that the Medical Officer, "if he deems it necessary on the ground of dirt or vermin, the hair of an under trial prisoner may be cut, but it shall not be cut closer than is necessary for the purposes of health and cleanliness."

4. In our view, this Court cannot interfere into the day-today administration of the prison affairs by issuing a mandamus as prayed for by the petitioner. However, we direct the prison authorities to comply with the mandates of Rule 823 of the Tamil Nadu Prison Rules, 1983.

With the above observation, this Writ Petition is closed. No costs.

Sd/- Assistant Registrar(Digit) //True Copy// Sub Assistant Registrar gm To 1.The Superintendent of Prison, Central Prison, Coimbatore - 18.

2.The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Pugalenthi, Advocate, S.R.No.752 Writ Petition No.27676 of 2021 BR(CO) CT 20/01/2022 https://hcservices.ecourts.gov.in/hcservices/