P BHARATHI Vs. UNION TERRITORY OF PONDICHERRY

JUDGEMENT

(1.) THIS Writ Petition has its origin in a letter dated 10-2-2005 by one P. Bharathi, a prisoner of Central prison, Puducherry-1, addressed to one of the Hon'ble Judges of this Court, making grievance about some jail matters. The letter was ordered to he treated as a writ petition and Court proceedings followed which are being wound up by delivering this judgment.

(2.) PETITIONER P. Bharathi, S/o. Panchanathan, was lodged in Central prison, Puducherry, on 16-11-2000 as he was convicted along with others by the III additional Sessions Judge, Puducherry, in sessions Case No. 33 of 1999 and sentenced to undergo Rigorous Imprisonment for one year under Section 148 IPC and imprisonment for life under Section 302 read with 149 IPC. While he was undergoing imprisonment as life convict, according to him, he had bitter experience with regard to poor hygienic condition and maintenance inside the prison and also restrictions on the visit by relatives of the prisoners. Projecting his grievances, he made the above said letter, which resulted in this Public Interest Litigation.

(3.) CONSIDERING the grievance expressed, this Court, by order dated 24-3-2005, directed the chief Judge, pondicherry, to inspect the Central Prison at Puducherry and submit a report on the allegations made and in respect of the amenities being provided to the convicts as well as the prison conditions. Pursuant to the same, the Chief judge, visited the Central Jail, Puducherry, on 29-3-2005 between 2 p. m. and 5 p. m. and recorded the statements of life convict bharathi and another convict Rajakkannu. In addition to the same, the Chief Judge has also examined Mr. S. Subramanian, Chief superintendent of Jails, Pondicherry, and recorded his statement. The following details/conclusions in the report dated 1-4-2005 of the Chief Judge are relevant.