P PUGALENTHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is a practising Advocate in this Court and he has filed this Habeas Corpus Petition praying to produce the body and person of Mrs. Saradha, aged 55, R. P. No. 7340, now confined in Special Women Prison, Vellore, to provide her proper medical treatment for the injuries suffered by her at the prison; to take disciplinary action against all those responsible for the ill-treatment meted out to the said Mrs. Saradha at the said prison and further directing the respondents to pay appropriate compensation to the said Ms. Saradha.

(2.) In the affidavit filed in support of this petition, the petitioner has submitted that besides being a practising Advocate, he is also the Director of Prisoners Rights Forum, established to create law awareness among the prisoners to help them enforce their human rights, constitutional rights and legal rights and is also the Joint Secretary of Thamizhaga Makkal Urimai Kazhagam (Tamil Nadu Peoples' Rights Forum), a human rights organization. He has submitted in his affidavit that on 5-1-2009, he went to the Vellore Women Prison and met his client S. Nalini, who informed him that one Saradha was brought to Special Prison for Women, Vellore as a remand prisoner having been remanded by the; Judicial Magistrate Court No. 4, Vellore on 31 -12-2008 and was lodged in the said prison and she was allotted R. P. No. 7340; that while she was taken inside her cell by the officials, she is said to have clandestinely taken with her a sum of Rs. 5,000/- without the knowledge of prison officials; that fearing detection of her act by the prison officials, she had handed over the said amount to a prison inmate on 31 -12-2008 itself; that on 2-1-2009, the said Saradha demanded the said inmate to return the money, who refused to give back the amount; that on such refusal, Saradha was understandably told the inmate that she would report to the Jailor against her and started proceeding towards the office of the Jailor and when she was so proceeding, three convict warders by name Kasturi, Muneeswari and Dhanam along with the said inmate assaulted Saradha and made her suffer untold misery; that the assault was so shocking that no human being could ever have thought of such an assault on a helpless woman remand prisoner.

(3.) The petitioner would further submit that he was told by his client Nalihi that Saradha was surrounded by all the said four women, and she was undressed totally and dragged nude for quite a some time till they reached the entrance of her cell and was put in solitary confinement and she was never given back her clothes and no official in the prison bothered about her; that she suffered serious bleeding injuries all over her body and she was crying for help the whole night, but in vain. The petitioner would further submit that the detenue is yet to get the attention of the prison officials for her medical treatment and in spite of lapse of a week's time till the time of filing of this petition, the respondents or the officials working under them have not extended their helping hand to Ms. Saradha, even to get back her clothes and therefore, he had sent a telegram on 5-1-2009 demanding the respondent to give immediate medical treatment to her and also to take necessary action against the persons responsible for the above incident and it appears that the respondents have not cared to look into the telegram and discharge their duties and the condition of Saradha remains as it has been and would pray for the relief prayed for.