K. SELVAKUMARASWAMI Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed by one Selvakumaraswamy claiming himself to be a panel Advocate of Legal Aid Board and states that he has filed this petition on behalf of 43 prisoners who are in various Central Prisons.

(2.) IT is alleged that these prisoners were transferred to borstal School from the prisons but on their attaining the age of 23 years by an order issued by the Inspector General of Prisons dated 15.5.1978 they have been retransferred to central prisons. This order of re -transfer is illegal and is in violation of law and the judgments of this High Court. Therefore this petition is filed under Article 226 for issue of an order to release them.

(3.) IT is not in dispute that the prisoners were transferred from prisons to borstal schools by an order of Inspector General of Prisons. The Inspector General of Prisons has been empowered to pass an order under Rule 575 of the Tamil Nadu Prison Manual, 1983. This rule reads as follows: