K.R. RAJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed in public interest. The petitioner seeks issuance of a writ of declaration for declaring that Rule 481 of Tamil Nadu Prison Rules, 1983 is null and void to the extent it enables deduction of 50% of the wages earned by the prisoners. The writ petitioner also questions the crediting of 20% of the wages to prison funds to be paid to the victims.

(2.) The government strongly opposes the prayer and has filed a detailed counter affidavit in this regard. It is the stand of the Government that the impugned Rule was amended pursuant to the directions of the Hon'ble Supreme Court in the decision reported in 1998(4) R.C.R.(Criminal) 350 : (1998) 7 SCC 392 (State of Gujarat and another v. Hon'ble High Court of Gujarat). ?th of the wages earned by the prisoners is being apportioned to the victim compensation fund payable to the victims affected by the criminal acts of the prisoners. It is further stated that the average cost of food, clothing and other amenities provided to the workers comes to Rs.153/- per day per prisoner. Even though 50% of the wages is deducted for the up keep of the prisoners, the deducted amount being Rs.100/-, Rs.90/- and Rs.80/- from the skilled, semi-skilled and unskilled prisoners respectively, is not sufficient to meet this cost. The respondents also state that the wage payable to the prisoners is being reviewed and enhanced periodically. The counter affidavit also sets out the measures taken by the authorities in reaching out to the beneficiaries of the victim compensation fund. The submission of the respondents is that the impugned rules do not deserve to be struck down.

(3.) The issue regarding payment of wages to prisoners came up for consideration before the Hon'ble Supreme Court in State of Gujarat and another v. Hon'ble High Court of Gujarat, 1998(4) R.C.R. (Criminal) 350 : (1998) 7 SCC 392). The following directions were issued by the Hon'ble Supreme Court: