Aajara Begum v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.(MD) No.1115 of 2016 Aajara Begum ... Petitioner -vs1.The State of Tamil Nadu rep.by its Secretary to Government of Tamil Nadu Home Department Fort St.George, Chennai 2.The State of Tamil Nadu rep.by its Secretary to Government of Tamil Nadu Health and Family Welfare Department Fort St.George, Chennai 3.The Inspector General of Prisons Office of the Inspector General of Prisons C.M.D.A. Towers, Egmore, Chennai-8 4.The Deputy Inspector General of Prisons Office of the Deputy Inspector General of Prisons Madurai Division, Madurai 5.The Superintendent of Prison Madurai Central Prison Madurai 6.The District Collector and District Magistrate Madurai District, Madurai 7.The District Collector and District Magistrate Dindigul District, Dindigul 8.The Inspector of Police Dindigul Town North Police Station Dindigul District ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the respondents Nos.1, 3, 4 and 5 to produce the body and person of the detenu, namely, Meeran Mideen, aged 47 years, son of Khadar Mideen now confined at Madurai Central Prison and set him at liberty under Rules 632, 633 and 635 of Tamil Nadu Prison Rules, 1983. For Petitioner :
Mr.R.Alagumani For Respondents :
Mr.C.Ramesh Addl. Public Prosecutor
O R D E R
[Order of the Court by T.S.SIVAGNANAM, J.] This habeas corpus petition has been filed for producing the detenu, namely, Meeran Mideen, son of Khadar Mideen, aged about 47 years, who is now confined in Central Prison at Madurai.
2. It appears that the present habeas corpus petition is the third petition for almost the same relief. The petitioner is wife of the detenu and her case is that her husband is suffering from renal failure and therefore, she wants temporary release of her husband / detenu from the prison.
3. The Prison Medical Officer, Central Prison, Madurai, has filed a medical report, dated 03.02.2017, with regard to the life convict Meeran Mideen and from which, we find that he has undergone medical treatment and his condition is reported to be stable and asymptomatic with strict renal failure diet, medications and regular follow-up.
4. In the light of the above, the question of releasing the detenu does not arise as he has been given good medical care.
5. The learned Additional Public Prosecutor, on instructions, would submit that if the detenu has to be undergone renal transplantation, the Government is ready to bear the expenses for such surgery, provided the detenu identifies a donor.
6. Accordingly, the habeas corpus petition is disposed of with a direction to the petitioner to identify a donor for renal transplantation and report the same before the Superintendent of Prison, Central Prison, Madurai and if the donor is identified and found fit for donation, then the State Government is directed to
bear the expenses for the renal transplantation for the detenu, including post-operative expenses.
Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To:
1.The Secretary to Government of Tamil Nadu, Home Department, State of Tamil Nadu, Fort St.George, Chennai.
2.The Secretary to Government of Tamil Nadu, Health and Family Welfare Department, State of Tamil Nadu, Fort St.George, Chennai.
3.The Inspector General of Prisons, Office of the Inspector General of Prisons, C.M.D.A. Towers, Egmore, Chennai-8.
4.The Deputy Inspector General of Prisons, Office of the Deputy Inspector General of Prisons, Madurai Division, Madurai.
5.The Superintendent of Prison, Madurai Central Prison, Madurai.
6.The District Collector and District Magistrate, Madurai District, Madurai.
7.The District Collector and District Magistrate, Dindigul District, Dindigul.
8.The Inspector of Police, Dindigul Town North Police Station, Dindigul District.
9.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+One cc to Mr.R.Alagumani, Advocate, SR.No.15680 krk RL/11C/3P/SKN/RSK/24.3.2017 H.C.P.(MD) No.1115 of 2016 15.03.2017