There are two instances possible. One at the instigation of the prisoners and other at the instigation of the prison authority. Once the prison authorities strictly comply with the rules, possibility of unrest inside the prison may be minimised. Therefore, equal treatment of prisoners will also be a theory for better administration of prisoners. Inequality will create frustration and restlessness in the mind of the prisoners and therefore the prison authorities are expected to perform their duties lawfully and scrupulously in accordance with the prison manual. It is needless to state that the prisoners who are committing misconduct or offences are liable to be punished under the prison manual by following due procedures as contemplated. Therefore, the learned Additional Public Prosecutor has to secure appropriate instructions and file an affidavit.
W.P.No.25126 of 2024
S.M.SUBRAMANIAM , J.
and
V.SIVAGNANAM, J.
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
Learned counsel for the petitioner would submit 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 the prisoners shall not ordinarily be transferred until the expiry of the period allowed for appeal or until the result of the appeal is known. Though the rule indicates that in extraordinary circumstances, even during the pendency of an appeal, a prisoner may be transferred from one prison to another prison, the reasons must be strong enough to exercise the powers during the pendency of the appeal. The provisions at no circumstances be diluted in the absence of any valid reason.
- 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 is of an opinion as to how such prohibited narcotic and drug related substances are made available inside the prison and the learned Additional Public Prosecutor would submit that he will secure instructions from the authorities competent.
- Pertinently, there are large-scale allegations that the convict prisoners inside the prison are discriminated in providing facilities in accordance with the prison rules. It is needless to state that all the prisoners are to be treated equally inside the prison and in accordance with the Act, Rules and Regulations. Any partiality in treating the prisoners would undoubtedly create unrest inside the prison. It is also one of the reasons for such prison offences by the prisoners inside the prison.
- There are two instances possible. One at the instigation of the prisoners and other at the instigation of the prison authority. Once the prison authorities strictly comply with the rules, possibility of unrest inside the prison may be minimised. Therefore, equal treatment of prisoners will also be a theory for better administration of prisoners. Inequality will create frustration and restlessness in the mind of the prisoners and therefore the prison authorities are expected to perform their duties lawfully and scrupulously in accordance with the prison manual. It is needless to state that the prisoners who are committing misconduct or offences are liable to be punished under the prison manual by following due procedures as contemplated. Therefore, the learned Additional Public Prosecutor has to secure appropriate instructions and file an affidavit.
- Post on 18.09.2024.
(S.M.S.,J.) (V.S.G.,J.)
09.09.2024
ss
S.M.SUBRAMANIAM, J.
AND
V.SIVAGNANAM, J.
ss W.P.No.25126 of 2024
09.09.2024
