B.Vasantha v. The Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA B.Vasantha ... Petitioner Vs.

1.The Inspector General of Prison, O/o. the Inspector General of Prison, Prison Head Quarters, Wahnnels Road, Egmore, Chennai - 600 008.

2.The Director General of Prison, (Correctional Services) Madurai Range, O/o. Madurai Central Prison, New Jail Road, Arasaradi, Madurai.

3.The Superintendent of Central Prison, O/o. Superintendent of Central Prison, Central Prison, Palayamkottai, Tirunelveli.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents not to proceed with strip search on petitioner's son namely Vicky @ Vigneshwaran (CT No.5226 and PID No.383889) while 1/4

returning to the prison after completion of trial court hearing by considering the petitioners representation dated 10.01.2025. For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

ORDER

(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2.The petitioner is mother of the convict. He has been sentenced to 12 years rigorous imprisonment. He is undergoing sentence in Central Prison, Palayamkottai. The allegation of the petitioner is that her son was strip searched in the presence of others and was put to immense humiliation. The learned counsel for the petitioner goes to the extent of asserting that if CCTV footage is sought, truth will be out. 3.We do not want to go into those aspects. We only direct the prison authority / third respondent herein to conduct the search of the person / body by having strict regard to decency and the privacy of the convict. The strip search shall be conducted only in a enclosed room and 2/4

excepting the official conducting search, no other person should be ordinarily present.

4.This writ petition is disposed of accordingly. No costs. (G.R.S. J.,) & (R.P. J.,) 29.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Inspector General of Prison, O/o. the Inspector General of Prison, Prison Head Quarters, Wahnnels Road, Egmore, Chennai - 600 008.

2.The Director General of Prison, (Correctional Services) Madurai Range, O/o. Madurai Central Prison, New Jail Road, Arasaradi, Madurai.

3.The Superintendent of Central Prison, O/o. Superintendent of Central Prison, Central Prison, Palayamkottai, Tirunelveli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 29.01.2025 4/4