ESAKKIMUTHU Vs. THE GOVERNMENT OF TAMIL NADU, REP. BY HOME SECRETARY, CHENNAI, THE INSPECTOR GENERAL OF PRISONS, CHENNAI AND THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI

JUDGEMENT

(1.) This pro bono publico has been filed pointing out the grievances of the prisoners who are undergoing trial. The settled legal position is that the prisoners have got their Fundamental Rights, and the Human Rights Theory, which is propounded, is applicable to them, and that even though they are under -trials, or they are even convicts, they have to be treated in a humane manner, and the rules prescribed, particularly, in the instant case, as contained in the Tamil Nadu Prison Manual have got to be followed. We need not elaborate the concern shown by the Apex Court in various judgments in the treatment meted out to the prisoners, be it under -trial prisoners or convicts. Question in the instant case is, as to how Rule 842 of the Tamil Nadu Prison Manual has got to be construed. The said provision reads, "when an under -trial prisoner detained in a prison has to be sent to Court, he shall be given his food before he goes, and arrangements made to enable him to have his food when he returns". When it is given literal meaning, he has to be given food before leaving the prison and then only after he returns to prison. One cannot say definitely as to whether an under -trial prisoner can return before the lunch hour, which is usually between 1.00 P.M. And 2.00 P.M. Instances galore where the under -trial prisoners have to wait for hours in the Court and it is not an exaggeration that at times they may reach even after sunset, because of the fact that all other prisoners undergoing trial have to gather, then have to be transported in one common motor vehicle meant for them with police escort. In this case, while giving literal interpretation, the under -trial prisoners are being given food(Lunch) only when they return, who very often return only after evening hours. A literal meaning of Rule 842 extracted above, may only mean that. But while construing a rule, particularly, while dealing with the Fundamental Right of a citizen and more so, a cherished Fundamental Right guaranteed under Article 21 of the Constitution of India, under which the rights of the prisoners as well as their human rights have been dealt with, a contextual interpretation is needed. Otherwise, the very purpose and intendment of the above rule become otiose and redundant. One needs breakfast, lunch and supper. The lunch is a must and, particularly, in between 1.00 P.M. and 2.00 P.M. and to say that food is given when an under -trial prisoner returns after evening hours is not sufficient, and such contention is untenable. Mr. Chandru, the learned senior counsel appearing for the petitioner submits that in Maharashtra, lunch packets are taken and they are provided during lunch hour, if the prisoners cannot be escorted back to prison before lunch hour. Such procedure can be followed. Prison authorities should provide lunch for such of those under -trials, who cannot be escorted back before 2.00 P.M. The lunch hour for Subordinate Courts is between 1.15 P.M. and 2.00 P.M on each working day and there shall be a direction to all the prison/police authorities in the State of Tamil Nadu that the under -trial prisoners who cannot be escorted back to the respective prisons before lunch hour shall be provided their due lunch as prescribed under the rules during the lunch recess, that is between 1.15 and 2.00 P.M. This writ petition is disposed of accordingly.