MEHARRAJ Vs. STATE OF TAMIL NADU; ADDITIONAL DIRECTOR GENERAL OF POLICE; SUPERINTENDENT OF CENTRAL PRISON; PALANI; SENTHIL KUMAR

JUDGEMENT

(1.) Wife of the Undertrial Prisoner, Md.Hanifa, has sought for a Writ of habeas Corpus, to transfer him from Central Prison, Trichy to Central Prison, Madurai or Central Prison, Palayamkottai. In this Habeas Corpus Petition, she has also sought for a direction to the Principal Secretary to Government, Home (Prison-IV) Department, Chennai and Additional Director General of Police, Chennai, respondents 1 and 2, to take action against Mr.Palani, Superintendent of Prisons, Trichy Central Prison, Trichy and Mr.Senthil Kumar, Additional Superintendent of Prison, Central Prison, Trichy, who have been arrayed as private respondents 4 and 5 and other prison officials. Though Mr.Punniyamoorthi, Mr.Sadagopan and Mr.Vijayaraj, have not been impleaded as party respondents in this Habeas Corpus Petition, allegations have been levelled against them that they had tortured and assaulted the petitioner's husband.

(2.) In the year 2006, one Kumarapandiyan has been murdered and Tenkasi Police had falsely implicated her husband in that case. By way of retaliation, henchmen of the deceased Kumarapandiyan murdered three of her husband's friends. Lateron, some of the late Kumarapandiyan's henchmen were also murdered by some persons. In the latter case, Tenkasi Police has falsely implicated her husband. Thus, husband of the petitioner has been implicated as an accused in S.C.Nos.1 and 2 of 2010 and both the cases are pending before the learned Communal Clash Special Sessions Judge, Madurai.

(3.) The petitioner has further contended that her husband has been falsely implicated in some cases by Tirunelveli Police and in Advani Ratha Yatra Case, by Madurai Police. According to her, her husband has been falsely implicated in the bomb blast case, in which, he was acquitted. For all the pending cases, her husband was confined as an undertrial prisoner in Madurai Central Prison, Madurai. When the trial in S.C.No.2 of 2010, on the file of the learned Special Judge for Communal Clash Special Sessions Court, Madurai, was commenced and when witnesses were to be examined, without passing any orders and obtaining any prior permission from the learned trial Judge, Madurai, the prison officials informed him that he has been transferred to Trichy Central Prison, Trichy. Earlier, her husband objected to the illegal activities of the prison officials. But on 03.04.2014, without heeding to his words, the prison officials have transferred her husband from Madurai Central Prison to Trichy Central Prison.