The concept of prison justice cannot be confined to a rigid framework. Its boundaries have to expand, observed the Madurai Bench of the Madras High Court while directing the Home Department to pass appropriate orders on a representation made by a petitioner seeking A Class facility for his son currently lodged at Palayamkottai Central Prison.
The court was hearing a petition filed by R. Ramalingam whose son R. Ravi was undergoing life sentence in Palayamkottai Central Prison. The petitioner said that his son was having certain neurological issues. He has to be given a cot for sleeping and permitted to use western toilet.
The facilities would be available to the petitioner’s son only if he was placed under A class facility. The State submitted that the petitioner’s case does not come under Rule 225 of Tamil Nadu Prison Rules, 1983.
A Division Bench of Justices G.R. Swaminathan and R. Poornima observed that a prisoner cannot be denied access to the minimal facilities required to deal with his physical condition.
The condition of his knees may be such that he cannot use an Indian toilet. He may not be able to sleep on the floor.
In such cases, it was the duty of the prison authorities to make available such facilities. It was not open to the prison head to tell the prisoner that since he does not fulfil the rule requirement, he will not get A Class facility.
It was the prisoner’s physical / medical condition which will be the governing criteria, the court observed.
The court permitted the petitioner to submit a representation to the Superintendent of Palayamkottai Central Prison, who, in turn, shall conduct a physical / medical examination of the prisoner and submit a necessary proposal to the Home Department through the Deputy Inspector General of Prison and Correctional Services, Madurai Range. The Home Department shall pass appropriate orders on the petitioner’s representation, the court directed.
Published – January 31, 2025 07:55 pm IST