M. AYYASAMY Vs. INSPECTOR GENERAL OF PRISONS

JUDGEMENT

(1.) H .C.P. No. 267/93 is filed by a life convict who has been sentenced to undergo imprisonment for life for an offence of murder under Section 302 I.P.C. by the learned Sessions Judge, Madurai in S.C.63/90 and H.C.P. No. 346 of 1993 is filed by the life convict who has been sentenced to undergo imprisonment for life for an offence of murder under Section 302, I.P.C. by the learned Additional Sessions Judge, Madurai in S.C. No. 83/86 and both these Petitioners were imprisoned in Central Prison, Madurai. The Petitioner in H.C.P. No. 346/93 has already undergone imprisonment for a period of more than five years at the Central Prison, Madurai from 8.12.86 to 19.6.92. Later on he was shifted to Central Prison, Cuddalore on 19.6.92 against his will and consent. The Petitioner in H.C.P. No. 267/93 has undergone imprisonment for a period of two years at the Central Prison, Madurai from 20.4.90 to 21.6.92. Later on he was shifted to Central Prison, Cuddalore on 21.6.92 against his will and consent. The reasons given by both the Petitioners in their respective petitions for their transfer, is the same. The Petitioners appear to have questioned the jail authorities about the short supply of food to the convicts in the Central Prison, Madurai and also about the lack of quality of food and other articles permitted to the convicts by the Government. It is also stated by them that the jail authorities did not hear their grievances and so, the Petitioners started a protest by fasting in the jail premises. Enraged by their protest the Petitioners were transferred from Central Prison, Madurai to Central Prison at Cuddalore. Cuddalore is about 350 K.M. away from the native places of the Petitioners at Madurai and their family members find it very difficult to go over to Cuddalore and see them. Further, the Petitioners' family members are poor and they are unable to offer high fare for their travel from Madurai to Cuddalore. The family members of the Petitioners are also in a helpless condition to maintain themselves. The Petitioners have also stated that they are physically psychologically affected by their transfer to Cuddalore and that if they are transferred back to Central Prison, at Madurai, they will have the moral, emotional and psychological support from their family. The Petitioners have also stated that they have deprived of their right to interview their family members and friends and that it is contrary to law and accepted procedures and also amounts to violation of their rights guaranteed under Article 21 of the Constitution of India.

(2.) THE Petitioners relied upon the decision in the case of Sunil Batra v. Delhi Administration reported in, 1980 S.C.C. (Cri) 777 : : AIR 1980 S.C.1579. In spite of their oral representations to the Superintendent, Central Prison, Cuddalore, second Respondent herein, no action was taken for their re -transfer to Madurai. By their re -transfer, no prejudice would be caused to any one and therefore, they filed these writs of Habeas Corpus and for a direction to the Respondents 1 and 2 to transfer them from the Central Prison, Cuddalore to the Central Prison, Madurai.

(3.) IN H.C.P. No. 346 of 1993 the Respondents 1 and 2 have filed a common counter affidavit sworn to by the first Respondent stating as follows: The Petitioner was transferred from Central Prison, Madurai to Central Prison, Cuddalore on 20.6.92 on disciplinary grounds based on four major prison offences committed by him as per Inspector General of Prisons order No. 19481/W3/92 dated 8.6.92 and admitted in Central Prison, Cuddalore on 20.6.92. This prisoner is a habitual prison offender. The extract of the history sheet enclosed reveals that he committed four major prisons offences for which he was transferred from Central Prison Madurai. Though he was punished for the offences committed by him, he did not reform himself and his activities affected the morale and discipline of other prisoners in Central Prison, Madurai. He was transferred on 20.6.92 to the Central Prison, Cuddalore. Because of the behaviour of the prisoner in committing major prison offences, he was transferred to Central Prison, Cuddalore. The Petitioner is stated to have committed prison offences on 13.10.91, 23.2.92. 3.3.92 and 7.4.92. For the offence alleged to have been committed on 13.10.91 the Petitioner was warned severely and for the offence said to have been committed by him on 23.2.92, a period of 20 days of remission in sentence was ordered to be cancelled. For the offence said to have been committed by him on 3.3.92, the Petitioner was not only warned, but he was also recommended for transfer to the Central Prison at Cuddalore. Again, for the offence said to have been committed on 7.4.92, a period of 20 days of remission in sentence was ordered to be cancelled for this Petitioner.