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Madras High CourtWP Crl.(MD)/1987/2025dismissed

Rajan v. The Director General Of Prison

2025-12-04Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Rajan ... Petitioner Vs.

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

2.The Superintendent of Central Prison, O/o.Superintendent of Central Prison, Madurai Central Prison, Madurai District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertains to the impugned letter issued by the second respondent virtue of No.E1263100.Na.A/2025, dated 23.07.2025 1/7

and consequently direct the respondents 1 and 2 not to cut and shave the hair maintaining by the petitioner's son namely Raja, S/o.Rajan on his head and face against his religious belief and contra to the Tamil Nadu Prison Manual Rules, 1983.

For Petitioner : Mr.A.Abulhasan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.) This Writ Petition has been filed challenging the order passed by the second respondent dated 23.07.2025, whereby petitioner's son was permitted not to cut his hair and shave his beard in prison, subject to certain conditions.

2.The petitioner is the father of the under-trial prisoner named Raja, who was arrested and demanded to judicial custody pursuant to the registration of an FIR in Crime No.374 of 2023 on the file of the Inspector of Police, Keerathurai Police Station, Madurai District. After completion of investigation, a final report 2/7

was filed and the same has been taken cognizance in CC.No.256 of 2024 and it is pending for trial on the file of the District Principal Court (EC & NDPS), Madurai District.

3.While so, the petitioner submitted a representation on behalf of his son seeking permission for him not to cut his hair and shave his beard stating that such grooming practices were against his religious beliefs and contrary to the Tamil Nadu Prison Manual Rules, 1983.

4.On perusal of the representation submitted by the petitioner, it is seen that the second respondent, by order dated 23.07.2025, permitted the petitioner's son not to cut his hair and shave his beard, on condition that if the under-trial prisoner were to suffer from any skin disease, the said permission would be withdrawn, since skin diseases are contagious and may spread over remand prisoners.

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5.Further, the Tamil Nadu Prison Manual Rules, 2024, also make it clear that if a prisoner desires to have his hair or beard suitably cut or shaved, he may do so, provided his appearance is not altered to such an extent that identification becomes difficult. It is also relevant to extract Rule 812 of the Tamil Nadu Prison Rules, 2024, which reads as follows:

'812.Hair cutting.- (1) Under-trial or remand prisoners shall not be allowed to cut or shave the hair on their heads or faces, or in any way to alter their personal appearance so as to make it difficult to recognize them. They shall not, however, be prevented from changing their cloths provided that their appearance is not thereby materially altered when they are presented for identification in the prison or when sent to Court for trial. They may also be permitted to wear shoes. When the Chief Medical Officer deems it necessary on the ground of dirt or vermin, the hair of an under-trial or remand prisoner may be cut, 4/7

but it shall not be cut closer than is necessary for the purposes of health and cleanliness.

(2) A prisoner who has been more than a month in prison may, if he so desires it, have his hair or beard suitably cut, he may also be shaved provided it does not so alter his appearance as to make identification difficult.'

6.Accordingly, the second respondent has rightly permitted the petitioner's son not to cut his hair or beard, subject to certain conditions. In view of the above this Court finds no infirmity or illegality in the order passed by the second respondent. This Writ Petition is devoid of merits and is accordingly dismissed. [G.K.I.J.,] & [R.P.J.,] NCC :Yes/No 04.12.2025 Index :Yes/No ps 5/7

To 1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Suchindram Police Station, Kanyakumari District.

3.The Inspector of Police, Erode South Police Station, Erode District.

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

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G.K. ILANTHIRAIYAN, J.

AND R. POORNIMA, J.

ps 04.12.2025 7/7