R.Saraswathy v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2024 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN R.Saraswathy ..
Petitioner v.
1. The State represented by its The Director General of Prison Office of the Director General of Prison Gandhi Irwin Road, Egmore Chennai 600 008
2. The Superintendent of Prison Office of the Central Prison at Coimbatore Gandhipuram, Coimbatore-18
3. The Superintendent of Prison Central Prison at Salem Hasthampatti, Salem 636 007 ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records in No.23089/thagu2/2023-5 dated 12.09.2024 passed by the 2nd respondent and quash the same, consequently direct the respondents to retain the husband of the petitioner/convict namely D.Radha Krishnan, S/o Duraisamy,
Life Convict Prisoner (PID No.34149) 20871, aged about 53 years at permanently at Central Prison, Salem.
For Petitioner ::
Mr.M.Mohamed Saifulla For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The order of rejection dated 12.09.2024 on the representation submitted by the petitioner/wife of the prisoner is under challenge in the present writ proceedings.
2. The petitioner's husband, namely, Radha @ Radhakrishnan, S/o Duraisamy, Convict No.20871 (PID No.34149) is a life convict. He was convicted and sentenced to imprisonment for life and presently lodged in the Central Prison at Salem. The petitioner submitted an application seeking to retain the prisoner at the Central Prison in Salem mainly on the ground that the prisoner is having pending criminal cases at Salem. That apart, the family members and relatives of the prisoner are also residing at Salem.
3. The application submitted by the petitioner was rejected by the Superintendent of Central Prison, Coimbatore mainly on the ground that the Director General of Prisons and Correctional Services considered the reasons and rejected the request. Thus the present writ petition.
4. Transfer of a prisoner from one prison to another prison or his/her retention in one prison, as the case may be, cannot be claimed as an absolute right by the prisoners. Certain administrative proceedings are effected for efficient administration of prisons across the State of Tamil Nadu and the Courts cannot interfere in such administrative proceedings effected by the competent authorities of the Prison Department. However, the transfer of a prisoner from one prison to another prison or his/her request for retention in a particular prison, is to be considered strictly in accordance with the rules applicable. The power of discretion conferred on the authorities must be exercised judiciously and considering the mitigating factors prevailing in the prisons as well as by considering the grievances of the prisoners. However, the High Court, in exercise of the powers of judicial review, under Article 226, cannot interfere with such administrative decisions, unless the said
exercise is made by the competent authorities in violation of the Prison Rules or based on extraneous considerations or on the ground of mala fides. In the absence of anyone of such grounds, the power of judicial review need not be exercised by the High Court.
5. In the present case, the counter filed by the respondents would indicate that the prisoner herein has committed prison offences in the year 2020 and suffered punishment. Other administrative reasons are also considered by the prison authorities. Under these circumstances, we do not find any reason to interfere with the impugned order, which was passed based on administrative reasons. However, the petitioner is at liberty to submit further application at the appropriate time. With these observations, the writ petition stands dismissed. No costs. Index : yes/no (S.M.S.,J.) (M.J.R.,J.) 19.11.2024 ss
To
1. The Director General of Prison Office of the Director General of Prison Gandhi Irwin Road, Egmore Chennai 600 008
2. The Superintendent of Prison Office of the Central Prison at Coimbatore Gandhipuram, Coimbatore-18
3. The Superintendent of Prison Central Prison at Salem Hasthampatti, Salem 636 007
4. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 19.11.2024