Prisoners Cannot Be Engaged For Household Work In Residence Of Prison Authorities: Madras HC

The High Court was considering a Writ Petition filed under Article 226 of the Constitution by a life convict’s mother praying for the issuance of Writ of Mandamus directing the Authorities to consider her representation and provide proper medical treatment to her 30-yr-old son, who has been confined in the Central Prison.

While ordering investigations and enquiries to continue against the erring Police officers, the Division Bench comprising Justice S.M.Subramaniam & Justice V.Sivagnanam held, “The respondents 1 and 2 are directed to conduct frequent and surprise inspections to ensure that the prisoners are not engaged / employed by the Prison Authorities in their residences for household works. In the event of any complaint / information from any person, an inquiry must be conducted and all appropriate actions are directed to be initiated.”

The convict prisoner was sentenced to imprisonment for life. He has been in actual imprisonment for about 10 years. The petitioner, who is the mother of the convict prisoner, came to know that her son was assaulted by the Prison Authorities based on certain false allegations of theft for a sum of Rs 4.5 lakh, silver jewelry and other articles from the house of the Deputy Inspector General of Prisons (DIG). He was also detained in solitary confinement. The petitioner made a request to the Jail Authorities to permit her to see her son, but they refused to grant permission.

It was the petitioner’s case that the life of the prisoner was in danger in the hands of the Prison Authorities / respondents. For the petitioner, Pugalenthi told the Court that the Prison Rules were not followed and rules of natural justice were violated.

On orders of the High Court, the Chief Judicial Magistrate visited the prison, conducted an inquiry. The Magistrate had stated in the Assessment Report that there was abuse of power in utilizing the services of convicts at the residence of D.I.G. with slavery treatment affecting the liberty of the convicts. Thereafter, an investigation was conducted whereby it was revealed that around 8 convict prisoners were made to do domestic work in the house of the Deputy Inspector General of Prisons located within the Academy of Prisons and Correctional Administration (APCA) campus.

The Bench took note of the status report filed by the Superintendent of Police which revealed that prima facie case had been made out against the Prison Authorities, who had been implicated in criminal cases and in the departmental disciplinary proceedings. Some of the prison officials were already placed under suspension.

“It is necessary to send a strong message to the Prison Authorities that they are not supposed to abuse their official position. The convict prisoners inside the prison are in a disadvantageous position. Therefore, any kind of exploitation by the Prison Authorities cannot be subjected to normal view, but serious actions are highly warranted”, the Bench held.

Emphasizing that the Supreme Court has reiterated the rights of the prisoners, the Court said, “When there are large scale allegations of employing prisoners in the residences of the Prison Authorities and engaging Uniformed Personnel working last Grades for residential purposes are to be condemned and it amounts to abuse of power by the Prison Authorities.”

The High Court ordered that the Director General of Prison has to initiate all appropriate actions to ensure that the prisoners and the Uniformed Personnel are not engaged for household works in the residences of the Prison Authorities. Noting that the Prison Authorities, who have misused their position have been suspended by Government, the Bench directed the investigation and departmental enquiries to continue.

Cause Title: S.Kalavathi Vs. State & Ors. [Case No.- W.P.No.19668 of 2024]

Appearance:

Petitioner: Advocate P.Pugalenthi

Respondents: Additional Public Prosecutor E.Raj Thilak

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