M ANANDA Vs. DIRECTOR GENERAL OF PRISONS

JUDGEMENT

(1.) HEARD Mr. P. Vijendran for the petitioner and Mr. P. Kumaresan, Additional Public Prosecutor, for Respondents 1 and 2.

(2.) THIS Habeas Corpus Petition has been filed on behalf of the prisoner, who is undergoing the sentence of imprisonment. Incidentally he is also an under-trial prisoner facing trial in S. C. No. 227 of 2005, on the file of the Assistant Sessions Court, Ponneri and C. C. No. 198 of 2007, on the file of the District Munsif -cum-Judicial Magistrate, Uthukottai. Such prisoner was undergoing sentence at Central Prison, Puzhal. Subsequently, by order No. 549/08 dated 18. 6. 2008, he has been transferred to Central Prison, Vellore. On 11. 7. 2008, the present petitioner, the wife of the prisoner, made a representation to the first respondent, namely, the Additional Director General of Prisons, to transfer her husband back to the Central Prison, Puzhal, indicating certain difficulties. It was specifically projected by the petitioner in the representation that the prisoner has to face trial at Ponneri and, therefore, it would be much more convenient if he is lodged in the Central Prison at Puzhal. However, the first respondent has not passed any order on the said representation. Hence, the present Habeas Corpus Petition has been filed.

(3.) A counter affidavit has been filed on behalf of the respondents, wherein it is indicated that transfer has taken place on administrative grounds as the prisoner was in possession of a cellphone and sim card which were not permitted articles as per G. O. Ms. No. 1447 Home (Prison-5) Department dated 16. 10. 2007. It has been further stated that as per paragraph 570 of the Tamil Nadu Prison Manual (in short "prison Manual") the Inspector General (at present the additional Director General of Prisons) is empowered to pass an order of transfer.