SHANMUGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, a prisoner sentenced to imprisonment for life in Crime No. 80 of 1996 registered under Section 302 of the Indian Penal Code on the file of Porur Police Station, Dharmapuri District has filed the above writ petition, questioning the G.O.Ms. No. 683 Home (Prisons-5) Department dated 5-8-2002 of the Government of Tamil Nadu prohibiting the use of tobacco in any form in prisons by the prisoners.

(2.) On direction, learned Additional Government Pleader takes notice for the respondens.

(3.) According to the petitioner, during the pre-convictiori stage and after the conviction when lodged at Central Prison, Vellore, he had been allowed to smoke beedies purchased at his own costs. The prisoners are allowed to smoke within the cells and dormitories. But, suddenly, on and after first week of January, 2003, the prisoners inside the prison are not allowed to purchase beedies and prevented from smoking. On enquiry, he came to know that the Government of Tamil Nadu has passed the impugned order in G.O.Ms. No. 683 Home (Prisons 5) Department dated 5-8-2002, making amendments to the Tamil Nadu Prison Rules, 1983, totally prohibiting the use of tobacco in any form by the prisoners.