R RUKUMANI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner, is the wife of K. Ramaraj, who is undergoing imprisonment for more than 3 years as Life Convict No. 4579 and confined to Central Prison, Puzhal, Chennai. She has come forward with this Habeas Corpus Petition to direct the respondents to produce the body of her husband K. Ramaraj, before this Court, pursuant to her representation dated 05.05.2014 and to direct the respondents to transfer her husband K. Ramaraj, Life Convict No. 4579 from Central Prison, Puzhal, Chennai to Central Prison, Madurai. She has also sought ordinary leave for a period of 30 days to her husband K. Ramaraj, pending disposal of the above Habeas Corpus Petition. The said Ramaraj, was working as Lieutenant in the Indian Army and attained the age of superannuation on 30.04.2011. The Fast Track Court No. V, Chennai, by Judgment dated 20.04.2012, has convicted him and sentenced to undergo imprisonment for life for the offence under Section 302 IPC and also imposed a fine of Rs. 50,000/-, in default to undergo rigorous imprisonment for six months. He was also sentenced to undergo one year simple imprisonment for the offence under Section 3 of the Indian Arms Act, 1959. Aggrieved against the Judgment of the trial Court, the said Ramaraj, filed Criminal Appeal in C.A. No. 301 of 2012 before this Court and the said Judgment was confirmed by this Court, by Judgment dated 12.12.2013 and hence he is undergoing life imprisonment for the past more than 3 years as a Life Convict No. 4579 and now he is confined in Central Prison, Puzhal, Chennai.

(2.) The learned counsel for the petitioner submitted that the petitioner's husband K. Ramaraj is now suffering from Cataract disease in his two eyes and 60% of his eye sight was lost and in spite of the treatment given by the Eye Hospital, Egmore, Chennai, he could not recover from the said disease and since he is a chronic diabetic, he could not recover from the said Cataract disease. He further submitted that the petitioner's husband, while working in Indian Army, deposited a sum of Rs. 50,000/- for Ex-serviceman Contributory Health Scheme and in that Scheme, he is entitled to medical benefits to a maximum of Rs. 5,00,000/-. Hence, according to the learned counsel for the petitioner, to give effective treatment, it is just and necessary that the petitioner's husband should be admitted in Aravind Eye Hospital, Madurai and the entire expenses will be borne by the above said Ex-serviceman Contributory Health Scheme.

(3.) Further, it is the contention of the learned counsel for the petitioner that since the petitioner is living at Madurai, she could not travel from Madurai to Chennai to see her husband and therefore, she made a representation on 05.05.2014 to grant parole for a period of 30 days to get treatment at Aravind Eye Hospital, Madurai and also sought for transfer of her husband Ramaraj, Life Convict No. 4579 from Central Prison, Puzhal, Chennai to Central Prison, Madurai. As the representation has not been considered, the petitioner has come forward with this Habeas Corpus Petition with the above said prayer.