DHANALAKSHMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) One Gopal Arunthavachelvan, it is said, was found guilty under Section 302 Indian Penal Code, convicted there under 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 reading at Villupuram, V.R.P. District, alongwith her husband.

(2.) Since his parents are at Sri Lanka, it is very difficult for them to make frequent visits of 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 faced 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 expired, the said lifer was sought to be transferred again to Central Prison, Vellore.

(3.) In order to thwart such a move, the petitioner, at this juncture, resorted to the present action Article 226 of the Constitution of India, directing the respondents to keep the petitioners brother Gopal Arunthavachelvan at Cuddalore Central Prison during the period of his sentence contending that prisoners placed in similar situation as that of her brother had been accommodated at Cuddalore Central Prison and any differential treatment meted out to him, does not appear to be fair and reasonable, thereby impliedly stating that in doing so, there is violation or refraction of Article 14 of the Constitution of India. She also filed H.C.M.P. No. 126 of 1994 praying for stay of further proceedings in respect of transfer of petitioners brother namely Gopal Arunthavachelvan from Cuddalore Central Prison to Vellore Central Prison pending disposal of the Habeas Corpus Petition. In the said H. C.M.P., no interim order had ever been passed. But nonetheless, as stated by Additional Public Prosecutor, during the course of argument across the Bar, he is still retained at Cuddalore Central Prison because of the pendency of the Habeas Corpus Petition before this court and awaiting its outcome.