✦ High Court of India · 19 Dec 2024

High Court · 2024

Case Details High Court of India · 19 Dec 2024

Court

High Court of India

Decided

19 Dec 2024

Bench

S M SUBRAMANIAM

Length

1,733 words

Acts & Sections

Constitution of India

W.P.No.35018 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.12.2024CORAM :THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM ANDTHE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.35018 of 2024Ananthi ... Petitioner Vs1. The State Rep. By The Principal Secretary To Government, Home, Prohibition And Excise Department, Secretariat, Chennai-600 0092 The Director General of Police and Director General of Prisons, and Correctional Service, Whannels Road , Egmore, Chennai-600 0083 The Superintendent Central Prison, Puzhal-i Chennai-66... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing 1st and 2nd respondent to take necessary action on the 3rd respondent and prison officer who brutally attacked and to ensure protection and safety of the prisoner.For Petitioner: Mr. Meiyappan Mohan, for Mr.N.Nishar AhamedFor Respondents: Mr.R. Muniyapparaj,Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.No.35018 of 2024 Additional Public ProsecutorORDER(Order of the Court was made by S.M.SUBRAMANIAM, J.)The lis on hand has been instituted to direct the respondents 1 and 2 to initiate necessary action on the 3rd respondent, Superintendent of Central Prison, Puzhal-I and Prison Officer concerned, who brutally attacked the prisoner.2. The writ petition has been instituted by the mother of the prisoner, namely, Mr.Jayanthan. He is a remand prisoner lodged in Central Prison, Puzhal, in connection with Crime No.57 of 2024 on the file of H-8- Thiruvottiyur Police Station, Chennai. On 17.10.2024, the writ petitioner received a call from an advocate, who informed her that her son Mr.Jayanthan was brutally beaten by one Mr.Prashanth Pandian, Jail Officer on 16.10.2024. The prisoner was seriously injured and he was feeling unconscious, but not taken to hospital for treatment. Immediately, the writ petitioner went to meet her son at Puzhal Prison on the very next day on 18.10.2024. She was shocked to see an injury on his right eye. He was very nervous and did not say anything to the petitioner, since the other Jail Authorities were standing near by him.3. The petitioner having understood the situation, went to the office of the Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.No.35018 of 2024Superintendent of Prison to meet him for providing private treatment to the prisoner. But the petitioner was not allowed to meet the Superintendent of Prison. She was made to speak with the Jailor through phone, who informed that the prisoner was already taking treatment inside the prison. The petitioner went to bring the medical records of the prisoner from her home. Again someone called the writ petitioner and informed her to bring the medial records urgently. On receipt of the said records, prison authorities gave an assurance that adequate medical treatment will be provided to the son of the writ petitioner.4. On 21.10.2024, the petitioner again went to prison to meet her son. The prisoner told the writ petitioner that he was forced to give statement in writing that he sustained injury due to falling down. Under these circumstances, the present writ petition came to be instituted.5. This Court directed the learned Chief Judicial Magistrate, Tiruvallur to conduct an enquiry with the prisoner. Pursuant to the interim order of this Court dated 03.12.2024, the learned Chief Judicial Magistrate, Tiruvallur, conducted enquiry on 06.12.2024. 6. We have perused the Enquiry Report submitted by the learned Chief Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.No.35018 of 2024Judicial Magistrate, Tiruvallur. The statement of the prisoner and the Jail Authorities were recorded. The statements of co-remand prisoners were also recorded by the learned Chief Judicial Magistrate. The report reveals that Grade-II Prison Warden, Mr.Prashanth Pandian, slapped left cheek of the prisoner, Mr.Jayanthan and when questioned no fault on him, again he slapped him on his left cheek with force. The prisoner, Mr.Jayanthan's head was hit on the nearby window's iron rod and his head was bounced back immediately, he sat down on the place, and again Mr. Prashanth Pandian, beaten on the Mr.Jayanthan's backside in sitting position. The spirit of the version of the prisoner, Mr.Jayanthan is extracted hereunder :-** rk;gtjpdj;jd;W khiy Rkhh; 4/50 f;F gf;fj;J bry; vz;/22y; cs;s vd;Dila tHf;fpd; 6tJ Fw;wthsp (A6 ) jDc;&Fkhh; vd;gthplk; fk;gp tHpahf !;ehf;!; th';Ftjw;F brd;W mthplk; bgw;W jpUk;gp tUk;nghJ vdf;F vjpnu rpiwfhtyh; jpU gpurhj; ghz;oa;d vd;gth; v';flh ngha;l;L th;w vd;W nfl;lhh;/ mjw;F ehd; gf;fj;J rpiw bry;ypy; cs;sthplk; !ehf;!; th';Ftjw;fhf brd;nwd; vd;W Twpndd;/ ngrpf;bfhz;nl ,Uf;Fk;nghJ mth; vdJ ,lJ fd;dj;jpy; X';fp miwe;jhh;/ ehd; jg;ng bra;ahky;; ,Uf;Fk;nghJ Vd; moj;jPh;fs; rhg;ghl;ow;fhfj;jhd; !;ehf;!; th';f brd;nwd; vd;W Twpndd;/ vd;dlh xU khjphp ngRfpwhh; vd;W kPz;Lk; X';fp ,lJ fd;dj;jpy; miwe;jhh;/ mth; moj;j ntfj;jpy; bry; ek;gh; 21 kw;Wk; bry; ek;gh; 22f;F eLtpy;; ,Ue;j fk;gpapy; vd;Dila jiy ,oj;J jpUk;g te;jJ/ Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.35018 of 2024clnd ehd; fPnH cl;fhh;e;J bfhz;L jiyapy; if itj;J ghh;j;jnghJ jiyapd; tyJ g[Utj;jpd; nky; fpHpe;J uj;jk; tu bjhl';fpaJ/ uj;jk; tUfpwJ vd;W mthplk; TwpanghJ ehd; cl;fhh;e;J ,Uf;Fk; epiyapy; vd;Dila KJfpy; kPz;Lk; X';fp moj;jhh;** 7. The learned Chief Judicial Magistrate offered his opinion in the concluding paragraph, which would reveal that the said Jail Warder Mr.Prashanth Pandian brutally attacked the prisoner Mr.Jayanthan, who sustained injuries in his fore-head. Pertinently, the learned counsel for the petitioner would submit that no treatment was provided by the Prison Authorities for about one month. Only after filing of the present writ petition, treatment was provided to the prisoner. The report further reveals that first aid was provided to the prisoner by the Prison Hospital nurse Smt. Tamilselvi. Statements of the Prison Authorities are running counter to the findings of the learned Chief Judicial Magistrate. It is apparent that the Prison Authorities are attempting to coverup their misdeeds with the assistance of their colleagues. 8. Attacking the prisoner inside the prison is an offence. In the event of commission of an offence by the prisoner, the Jail Authorities are empowered to initiate action under the Prison Manual for such prison offences and by duly following the procedures as contemplated. The Prison Authorities are not Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.35018 of 2024expected to take the law in their own hands nor they are granted license to beat/attack the prisoners indiscriminately inside the prison. The prisoners inside the prison are in disadvantages position and they will not be in a position even to orally respond. Therefore, any offence committed by the Prison Authorities are to be seriously viewed. Offences committed by the Prison Authorities cannot be equated with the offences committed outside the prison. The remand prisoner is presumed to be an innocent, unless he is convicted by the competent Court of Law. The remand prisoner cannot be equated with the convict prisoner. Therefore, they are bound to be treated in accordance with the Prison Rules and their rights are to be protected both by the Prison Authorities and by the Courts.9. The entire report reveals that the occurrence is true and Mr. Prashanth Padian, Jail Warder, brutally attacked the prisoner, Mr.Jayanthan. The learned Chief Judicial Magistrate in his report clearly narrated the incident by conducting enquiry by examining Co-Prisoners, Jail Authorities and the Prisoner concerned.10. The Courts are frequently receiving complaints about attacks and causing injuries to the prisoners without any legally valid reason. The Prison Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.No.35018 of 2024Authorities are Public Servants. They are answerable and accountable to the Public. Therefore, they are expected to perform their duties strictly in accordance with law and any violation would result in initiation of criminal prosecution and departmental disciplinary proceedings. The disadvantage position of the prisoners inside the prison is kindling the Prison Authorities to commit offences, as they are confident that the information about such attacks will not go out from the prison and they can easily escape from the clutches of legal actions. Such mind set of the Public Servants at no circumstances be appreciated by the Courts. The prisoners are either remanded or convicted by the Courts. Therefore, inside the prison, they cannot be subjected to harassment by the Prison Authorities. They are already kept away from the society and civil life. That being so, the Prison Authorities, while enforcing the discipline are bound to follow the Prison Rules scrupulously.11. The correctional methods contemplated under various Statues, Rules and Government Schemes are to be borne in mind by the Prison Authorities, while maintaining discipline inside the prison. Uniformed service personnel working in prison are expected to maintain discipline and decorum at the first instance for the purpose of enforcing discipline amongst the prisoners. Excess exercise, abuse of power, corrupt activities in prisons are not only dangerous, it Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.No.35018 of 2024will further instigate the prisoners to commit further offences repeatedly. The higher authorities are duty bound to monitor the activities of their subordinate officials and swift actions in the event of commission of any offence or misconduct are of paramount importance to maintain discipline amongst the uniformed personnel serving in prison department.12. The learned Chief Judicial Magistrate in his report found that the prisoner in the present case was attacked by the Jail Warder. The finding is very clear regarding the offence committed by the Jail Authorities. However, this Court is not inclined to initiate criminal prosecution against the Jail Authorities in the present case by taking a lenient view and by considering the fact that there is no strong motive. However, the incident would squarely fall under the misconduct under the Discipline and Appeal Rules.13. In view of the facts and circumstances, the Director General of Prison and Correctional Services/2nd respondent herein is directed to initiate Departmental Disciplinary Proceedings against the Jail Authorities , who have involved in attacking the prisoner in the present writ petition under the Service Rules applicable and dispose of the disciplinary proceedings as expeditious as possible. Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.No.35018 of 202414.For the purpose of initiation of disciplinary action, the Registry, High Court of Madras is directed to communicate the copy of the Report submitted by the learned Chief Judicial Magistrate, Tiruvallur, to the Director General of Prisons and Correctional Services, Chennai.15. The 2nd respondent is directed to ensure proper medical treatment to the prisoner. 16. With the above directions, this writ petition is disposed of. No costs. [S.M.S., J.] [M.J.R., J.] 19.12.2024Index: Yes/No Speaking/Non-speaking ordermrpS.M.SUBRAMANIAM, J.ANDM.JOTHIRAMAN, J.mrpPage 9 of 10 https://www.mhc.tn.gov.in/judis W.P.No.35018 of 2024 To 1. The Principal Secretary To Government, Home, Prohibition And Excise Department, Secretariat, Chennai-600 0092 The Director General of Police and Director General of Prisons, and Correctional Service, Whannels Road , Egmore, Chennai-600 0083 The Superintendent Central Prison, Puzhal-I, Chennai-664. The Public Prosecutor, High Court, Madras.W.P.No.35018 of 202419.12.2024Page 10 of 10

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