Selvam .C v. Secretariat To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR C.Selvam ... Petitioner -vs1.Secretariat to Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009 2.The Additional Director General of Police / Inspector General of Prison Egmore, Chennai-600 008 3.The Deputy Inspector General of Prison Trichy Range, Trichy 4.The Superintendent of Prison Trichy Central Prison, Trichy ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to implement the Government Order in G.O.(Ms) No.570, Home (Prison-III) Department, dated 06.11.2023, by considering the petitioner's representation dated 06.05.2024.

For Petitioner :

Mr.A.Joseph Jerry For Respondents :

Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Prayer in this writ petition is to direct the respondents to implement the Government Order in G.O.(Ms) No.570, Home (Prison-III) Department, dated 06.11.2023, by considering the petitioner's representation dated 06.05.2024.

2. According to the petitioner, he is a life convict and he is confined at the Central Prison, Trichy. On 06.11.2023, the Government has passed an order in G.O.(MS) No.570, Home (Prison-III) Department, granting permission to the authorities concerned to set up Telephone Booth facility with voice and video call inside the prison with the assistance of Public Sector Undertaking / organizations and also to increase number of calls from 8 to 10 per month once in three days and the maximum call time from 56 minutes to 120 minutes (12 minutes per call duration) per month provided to the prisoners to whom already telephone facility has been provided in all Central Prisons, Special Prisons for Women and Borstal School, Pudukottai. The

grievance of the petitioner is that though the said Government Order was passed as early as on 06.11.2023, till date the said Government Order has not been implemented by the Prison Authorities and thereby, seeking to implement the said Government Order, the petitioner sent a representation to the respondents on 06.05.2024. However, the respondents have not taken any steps based on the petitioner's representation. Hence, he has filed this writ petition.

3. Learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that necessary steps are being taken by the authorities concerned to implement G.O.(Ms) No.570, Home (Prison-III) Department, dated 06.11.2023. He would further submit that based on the said Government Order, proposals were invited from the Public Sector Undertakings, such as, Bharat Sanchar Nigam Limted (BSNL), RailTel Corporation of India Limited and Kerala State Electronics Development Corporation Limited (KELTRON), vide office letter dated 12.10.2023 and based on the rates offered by them, a proposal was sent to the Government and the Government vide G.O.(4D) No.12, Home (Prison-III) Department, dated 15.03.2024, have accorded permission to install telephone booths with voice call and video call facility in various jails and supply order has also been

placed with M/s.KELTRON to install telephone booths in all Central Prisons, Special Prisons for women, one Borstal School / District Jail at Pudukkottai, 13 District Jails and 3 Open Air Prisons, vide Office letter No. 14200/MW2/2023, dated 28.03.2024. However, there had been some delay on the part of M/s.KELTRON in installation and appropriate action has been initiated against M/s.KELTRON for early implementation. He would further submit that effective steps are being taken to implement the Government Order in G.O.(Ms) No.560, dated 06.11.2023 at the earliest.

4. Recording the above submission of the learned Additional Public Prosecutor, this writ petition is disposed of with a direction to the respondents to implement the Government Order in G.O.(Ms) No.560, dated 06.11.2023, by installing Telephone Booths with voice and video calls in the prisons, as expeditiously as possible, without undue delay. No costs. [A.D.J.C., J.] [K.R.S., J.] 08.07.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Additional Director General of Police / Inspector General of Prison, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prison, Trichy Range, Trichy.

4.The Superintendent of Prison, Trichy Central Prison, Trichy.

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 08.07.2024