DHANALAKSHMI Vs. STATE

JUDGEMENT

(1.) ONE Gopal alias Arunthavachelvan, it is said, was found guilty under Sec. 302, Indian Penal Code, convicted thereunder and sentenced to imprisonment for life by IX Additional Sessions Judge, Madras by judgment dated 27. 4. 1987. The conviction and sentence, it is said, had been subsequently confirmed in appeal by this court. Ever since his conviction and sentence, he had been undergoing his period of imprisonment as a lifer at Central Prison, vellore. His parents are stated to be in Sri Lanka. ONE Dhanalakshmi (petitioner) stated to be his sister is said to be residing at Villupuram, v. R. P. District along with her husband.

(2.) SINCE his parents are at Sri Lanka, it is very difficult for them to make frequent visits to the petitioner and they, it is said, had visited for three times only in the total period of his confinement ever since his detention in prison. The petitioner having been placed in an impecunious situation, is also stated to be finding it difficult to make frequent visits to Central Prison, Vellore, to see her brother, the said lifer. It appears, she made a representation to the Inspector General of Prisons, madras (second respondent), praying for his transfer to Cuddalore Central prison for a period of 3 months commencing from 18. 6. 1994. A similar petition also appeared to have been sent to the second respondent by the said lifer. Purely on a humanitarian ground, the said lifer had been transferred to cuddalore Central Prison for a temporary period of 3 months as aforesaid. When the said period of 3 months was to be expire, the said lifer was sought to be transferred again to Central Prison, Vellore.

(3.) IN the year 1979, the INspector General of Prisons, madras, had reported to the Government that after the introduction of amended prohibition Act the daily average receipt of remand and under-trial prisoners in the Central Prison, Madras, had considerably increased and the lock-up of remand and under trial prisoners is more than the authorised accommodation. The inspector General of Prisons, Madras, has, therefore, proposed to Government that only under trials and remand prisoners sentenced to imprisonment not exceeding one month committed by all courts in Madras City and Chingleput district may be confined in the Central Jail, Madras and that the prisoners sentenced to imprisonment exceeding one month may be confined in the Central prison, Vellore, where the lock-up is less.