Chennai, Sep 10 (PTI) Wondering as to how prohibited narcotic and drug related substances were made available inside the prison, the Madras High Court has directed the Additional Public Prosecutor to secure appropriate instructions from the authorities and file an affidavit.
In a recent interim order, a division bench comprising Justices S M Subramaniam and V Sivagnanam gave the directive and posted to September 18, further hearing of a petition filed by A Saranya.
In her petition, Saranya sought a direction to the authorities to transfer her mother S Mythili, now confined in the Special Prison for Women, Trichy, to the Special Prison for Women, Vellore.
The bench said the counsel for the petitioner submitted that during the pendency of the appeal filed by the convict prisoner regarding transfer of prison from Vellore to Tiruchirappalli, the impugned order has been passed. Rule 572 of the Tamil Nadu Prison Rules stipulates that prisoners shall not ordinarily be transferred until the expiry of the period allowed for appeal or until the result of the appeal is known, the bench added.
The bench said in the present case, the petitioner raised certain allegations against the jail warders. Even as per the impugned order, the convict prisoner was in possession of snuff inside the prison which was identified. Under these circumstances, this Court was of an opinion as to how such prohibited narcotic and drug related substances were made available inside the prison and the Additional Public Prosecutor would submit he will secure instructions from the competent authorities, the bench added.
The bench said pertinently, there were large-scale allegations that the convict prisoners inside the prison were discriminated in providing facilities in accordance with the prison rules. It was needless to state that all the prisoners were to be treated equally inside the prison and in accordance with the regulations. Any partiality in treating the prisoners would undoubtedly create unrest inside the jail. It was also one of the reasons for such prison offences by the prisoners inside the prison, the bench added.
It was needless to state that the prisoners who were committing misconduct or offences were liable to be punished under the prison manual by following due procedures as contemplated. Therefore, the Additional Public Prosecutor has to secure appropriate instructions and file an affidavit, the bench added. PTI CORR SA
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