High Court allows life convict to remain in Madurai prison
02/08/2019, B. TILAK CHANDAR,MADURAI
Bringing relief to a life convict, an author of a book of poems, with proven good conduct, the Madurai Bench of the Madras High Court on Thursday directed the Additional Director General of Police/Inspector General of Prisonto issue proceedings permitting his retention in Madurai Central Prison so that his 92-year-old mother could visit him as often as possible.
Justice G. R. Swaminathan passed the direction after hearing the plea of V. Radhakrishnan from Madurai, the life convict.
Following the acceptance of his clemency petition, his death sentence was commuted to life imprisonment with a condition to remain in prison for the rest of his life.
He was originally placed at Tiruchi Central Prison. After his mother filed a plea before the HC, he was transferred to the Madurai prison.
However, the prison authorities filed an appeal, which was allowed by a Division Bench on the grounds that there was no provision under the prison rules to consider a relative’s request for prisoner’s transfer.
He was allowed to prefer a fresh application seeking transfer. He filed a fresh application to the prison authorities.
With no response, he filed the petition seeking a direction to retain him at the Madurai prison.
It was submitted that only the IG of Prisons could take a final decision in this regard. The court observed that a bare reading of the provisions of the Tamil Nadu Prison Rules gave an impression that the prison authority could decide where the prisoner would reside. But, then, no textual reading could remain constant. The jurisprudential ground beneath had shifted, the court said.
“Incarceration or conviction does not reduce a prisoner into a non-person. While there may be a sharp and drastic shrinkage of fundamental rights, there is still some residue left. It is the obligation of the prison authorities to protect the human rights of prisoners,” the court said.
The HC Bench took cognisance of the Model Prison Manual prepared by the Ministry of Home Affairs, which says prisoners may be transferred from one prison to another so that they can be nearer to their home district.
Therefore, subject to considerations of security, prison discipline and public interest, the competent authority is obliged to respect the choice of the convict prisoner.
If circumstances warranted, the authorities were always at liberty to pass appropriate orders transferring the petitioner to some other prison, the court said.
02/08/2019, B. TILAK CHANDAR,MADURAI
Bringing relief to a life convict, an author of a book of poems, with proven good conduct, the Madurai Bench of the Madras High Court on Thursday directed the Additional Director General of Police/Inspector General of Prisonto issue proceedings permitting his retention in Madurai Central Prison so that his 92-year-old mother could visit him as often as possible.
Justice G. R. Swaminathan passed the direction after hearing the plea of V. Radhakrishnan from Madurai, the life convict.
Following the acceptance of his clemency petition, his death sentence was commuted to life imprisonment with a condition to remain in prison for the rest of his life.
He was originally placed at Tiruchi Central Prison. After his mother filed a plea before the HC, he was transferred to the Madurai prison.
However, the prison authorities filed an appeal, which was allowed by a Division Bench on the grounds that there was no provision under the prison rules to consider a relative’s request for prisoner’s transfer.
He was allowed to prefer a fresh application seeking transfer. He filed a fresh application to the prison authorities.
With no response, he filed the petition seeking a direction to retain him at the Madurai prison.
It was submitted that only the IG of Prisons could take a final decision in this regard. The court observed that a bare reading of the provisions of the Tamil Nadu Prison Rules gave an impression that the prison authority could decide where the prisoner would reside. But, then, no textual reading could remain constant. The jurisprudential ground beneath had shifted, the court said.
“Incarceration or conviction does not reduce a prisoner into a non-person. While there may be a sharp and drastic shrinkage of fundamental rights, there is still some residue left. It is the obligation of the prison authorities to protect the human rights of prisoners,” the court said.
The HC Bench took cognisance of the Model Prison Manual prepared by the Ministry of Home Affairs, which says prisoners may be transferred from one prison to another so that they can be nearer to their home district.
Therefore, subject to considerations of security, prison discipline and public interest, the competent authority is obliged to respect the choice of the convict prisoner.
If circumstances warranted, the authorities were always at liberty to pass appropriate orders transferring the petitioner to some other prison, the court said.
