S KUMARI Vs. STATE AND ORS

JUDGEMENT

(1.) Challenge in this intra Court appeal is the Order dated 11.1.2013 in W.P.No.34209 of 2012 whereby the learned single Judge dismissed the Writ Petition with an observation that the respondents shall ensure the safety of the petitioner/appellant's husband while being transferred to other Prison with "strong escort".

(2.) The brief facts are that the appellant's husband Sridhar was remanded in Crime No.1736 of 2012 of B.2 Vishnu Kanchi Police Station under Sections 147, 448, 342, 385 and 506(ii) of IPC by the Judicial Magistrate No.1, Kancheepuram on 16.10.2012 and he was admitted in Central Prison, Vellore on 25.10.2012. The appellant's husband Sridhar was subsequently detained under Tamil Nadu Detention Act 14 of 1982 on 25.10.2012 as per the Detention Order passed by the District Collector, Kancheepuram in his Order dated 25.10.2012. After the appellant's husband - Sridhar was admitted in Central Prison, Vellore, apprehending that there is a threat to the life of the said Sridhar from some other persons, who have enmity with the detenu due to his previous association with them, on a proposal submitted by the Additional Director General of Police, Government passed the Order in G.O.No.5001, Home, Prohibition and Excise (11) Department, dated 31.12.2012 ordering to detain the detenu in Central Prison, Madurai. Challenging the said move to transfer the detenu and expressing apprehension that her husband might be killed by the Police en route to other prison, the appellant filed Writ Petition seeking for a mandamus forbearing the respondents from transferring her husband from Central Prison, Vellore to any other Prison.

(3.) Before the single Judge, the 4th respondent Additional Director General of Police filed a detailed counter inter alia stating that the decision to transfer the detenu from Central Prison, Vellore to Central Prison, Madurai was taken on administrative grounds and keeping in view of the security of the detenu. In the counter, the 4th respondent also stated that the Prison Authorities will send request to the Armed Reserve Police, Vellore for "strong escort" with police vehicle and the 4th respondent shall also ensure proper escort by the police to Central Prison, Vellore and also that there will be strong escort as and when the appellant's husband Sridhar is produced before the Court.