MASILAMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ORIGINALLY H.C.P. No. 791/95 came up for hearing before this Court. Learned counsel appearing for the petitioner submitted that there is another H.P.C. No. 588 of 1995 which is similar to the present also pending before this court. The learned counsel requested that both the petitions were taken up together since detenu is the same and she was detained under Act 14 of 1982. As per the direction of the Honourable The Chief Justice dated 17.7.1995, both petitions viz. H.C.P. 588 of 1995 and 791 of 1995 were posted before this Court for disposal.

(2.) H .C.P. No.791/95 was filed by one Rajendran. This Rajendran is the brother of the detenu Nagammal. So also H.C.P. No. 588 of 1995 was filed by one Masilamani who is also stated to be the brother of the said Nagammal. The said Nagammal was detained under order passed in C3.D.O. 197 of 1994 dated 13.8.1994 under Tamil Nadu Act 14/82 as Boot -legger by the District Collector and District Magistrate, North Arcot Ambedkar District at Vellore.

(3.) WHEN these petitions came up for hearing, the learned counsel pleaded for a parole since the detenu gave birth to a child while she was in the prison, on 28.3.1995. The birth of the child took place at Government Hospital, Vellore where she was admitted on 17.2.1995 and she was discharged on 30.3.1995. According to the petitioner she is anaemic and weak and she could not provide proper milk to her child. It was also submitted that there are no adequate facilities in the prison cell to maintain her child. According to the learned counsel, detenu was kept in inhumane condition and hence parole was required to her to save her child. A representation was made for parole on 14.4.1995 to the respondent but the parole was refused. In such circumstances, counsel for the petitioner requested this court to direct the respondent to grant parole to the detenu. At the same time the petitioner also prayed for set the detenu at liberty on the above said grounds.