L PRAKASH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) a detenu under Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum grabbers Act, 1982 (Tamil Nadu Act 14 of 1982), has filed the above writ petition to issue a Writ of Mandamus directing the Superintendent, Central Prison, Chennai 2nd respondent herein to give him all the facilities as a "Special Class Prisoner' even when he is undergoing detention under Tamil Nadu Act 14/1982 is Central Prison, Chennai.

(2.) The case of the petitioner is briefly stated hereunder :- According to him, he was arrested by the Inspector of Police, R8 Vadapalani Police Station, Chennai for various offences, particularly S. 67 of the Information Technology Act, 2000, Section 4 read with Section 6 of the Indecent Representation of Women (Prohibition) Act, 1986 and S. 120-B of the Indian Penal Code. He is a Medical Doctor by profession. After securing M.B.B.S. degree, he obtained a degree in M.S. Orthopaedic. He also did other post graduate degrees and have done serious research in the lower limb and deformities in Polio patients. He has contributed more than 120 research articles which have all been published in prestigious medical journals. After the remand to judicial custody on 24-12-2001, he filed an application before the 17th Metropolitan Magistrate, Saidapet, Chennai-15 in Crl. M.P. No. 3077 of 2001 for grant of special class treatment in Central Prison. The said application was made as per Rule 815 of the Tamil Nadu Prison Manual. He assessed to income-tax for the last several years and for the last 3 years, he has paid by way of tax only more than Rs. 3 lakhs under the Income-tax Act. He is also a Post Graduate in Medicine. Such persons are entitled to be clarrified as a special prisoner. The special prisoner according to Rule 815 of the said Manual consists of those who by their special status, education and habit of life have been accustomed to a superior mode of living. By order dated 28-12-2001 in Cri. M.P. No. 3077 of 2001, the 17th Metropolitan Magistrate, Saidapet recommended special class treatment in Central Prison for the petitioner. Pursuant to the said order, the petitioner was being given facilities as a 'special class prisoner'. While so, the Commissioner of Police, Greater Chennai has made an order of detention in 146/2002 dated 18-2-2002, directing the detention of the petitioner under Tamil Nadu Act 14/82. Thereafter, the second respondent abruptly has withdrawn the facilities given to him (petitioner). The entire action of the second respondent is unauthorised and without authority of law. Thereafter, the petitioner gave a representation through his counsel to the first respondent-Secretary to Government, Prohibition and Excise and requested to continue to give special class facility to him. There is no response from the higher authorities. Since the action of the second respondent is clearly illegal and is violative of Art. 21 of the Constitution of India, having no other alternative remedy, filed the above writ petition under Art. 226 of the Constitution of India.

(3.) Considering the issue raised in the writ petition, this Court directed notice to the Public Prosecutor.