Madras High Court
B. Radha vs 3 The Superintendent Of Prisons on 26 June, 2021
W.P.No.13786 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON: 07.09.2021
DELIVERED ON: 15.09.2021
THE HON'BLE MR. JUSTICE P.N. PRAKASH
and
THE HON'BLE MS. JUSTICE R.N. MANJULA
W.P. No.13786 of 2021 and W.M.P. No.14635 of 2021
B. Radha Petitioner
vs.
1 The State of Tamil Nadu
represented by the Principal Secretary to Government
Home, Prohibition and Excise Department
Secretariat
Chennai 600 009
2 The Director General of Police & I.G. of Prisons
Gandhi Irwin Road
Egmore, Chennai 600 008
3 The Superintendent of Prisons
Central Prison
Puzhal, Chennai 600 066 Respondents
Writ Petition preferred under Article 226 of the Constitution of India
seeking a writ of mandamus directing the first respondent to consider the
petitioner's representation dated 26.06.2021 and release the petitioner's husband
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W.P.No.13786 of 2021
Balasubramaniyan, S/o Duraisamy, aged 65 years, now confined in the Central
Prison-1, on medical grounds.
For petitioner Mr. P. Pugalenthi
For respondents Mr. Hasan Mohamed Jinnah
State Public Prosecutor
assisted by Mr. R. Muniyapparaj
Government Advocate (Crl. Side)
-----
ORDER
P.N. PRAKASH, J.
The petitioner's husband Balasubramaniyan, S/o Duraisamy, is a convict
prisoner (OJCT 1873), who was convicted and sentenced in Special C.C. No.1 of
2004 by the Chief Judicial Magistrate (Special Court for Vigilance and Anti-
Corruption Cases), Pudukkottai on 16.07.2008 as under:
Provisions under which Sentence
convicted
Section 7 of the Vigilance 2 years rigorous imprisonment and fine of
and Anti-Corruption Act Rs.1,000/-, in default to undergo rigorous
imprisonment for 3 months
Section 13(2) r/w S.13(1) 2 years rigorous imprisonment and fine of
of the Prevention of Rs.1,000/-, in default to undergo rigorous
Corruption Act imprisonment for 3 months
The aforesaid sentences were ordered to run consecutively.
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W.P.No.13786 of 2021
2 Challenging the judgment and order of conviction and sentence dated
16.07.2008, Balasubramaniyan preferred Crl.A.(MD) No.364 of 2008 in this
Court and after its dismissal vide judgment dated 04.12.2018, he was admitted in
the Central Prison, Trichy, on 03.06.2019, for undergoing the sentences.
Thereafter, he was transferred from the Central Prison, Trichy, to the Central
Prison, Puzhal, Chennai on 22.06.2021 and he has been undergoing the sentences
there since then.
3 While that being so, alleging that her husband Balasubramaniyan is
dangerously ill and deserves to be released under Rule 632 of the Tamil Nadu
Prison Rules, 1983, the petitioner addressed a representation dated 26.06.2021 to
the respondents seeking his release on medical grounds and finding no response,
has preferred the instant writ petition seeking a writ of mandamus directing the
first respondent to consider her representation dated 26.06.2021 and release her
husband Balasubramaniyan on medical grounds.
4 The Superintendent, Central Prison, Puzhal, has filed a counter
affidavit dated 24.07.2021, wherein, it is stated that the convict prisoner
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W.P.No.13786 of 2021
Balasubramaniyan was examined by the Regional Medical Board, Government
Stanley Hospital, Chennai-1 and the Board comprising three specialists have
submitted a report dated 23.08.2021, wherein, they have not stated that the convict
prisoner is dangerously ill and that his illness will be aggravated more by further
imprisonment as to result in his early death and that he will have a reasonable
chance of recovery if released as required under Rule 632, ibid.
5 At this juncture, it may be apposite to extract Rule 632, ibid.
"632. Release of sick prisoners.-- (1) If the Medical Officer
considers (i) that any prisoner is dangerously ill and that his illness has
not been purposely caused or aggravated by the prisoner himself: (ii)
that his illness, whether caused by imprisonment or not, will be so
aggravated by further imprisonment as to render his early death likely;
and (iii) that the prisoner will have a reasonable chance of recovery, if
released, he shall record a certificate in the following form, namely;--
"I. A.B. hereby certify that convict No.......... Name
..... is, in my opinion, dangerously ill, suffering from ....
(name of disease). His illness has not been caused or
aggravated by any acts committed by him in order to
procure release, and I sincerely declare that, in my opinion
,he is likely to die if he remains in confinement, but that he
will have a reasonable chance of recovery if he is
released."
In order to be accepted by the Government, the certificate must
strictly be in accordance with the terms of this rule. To it, the Medical
Officer shall append a full statement of the medical case and of the
reasons which lead him to the belief expressed in the certificate.
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W.P.No.13786 of 2021
(2) The Superintendent shall at once consult the Collector of
the district to which the prisoner belongs, about the desirability of
releasing the prisoner and then forward the papers to the Inspector-
General for submission to Government together with a nominal roll of
the prisoner showing the amount of remission earned and any remarks
relevant to the case, the Superintendent may desire to add. A certificate
to the effect that the Superintendent has satisfied himself that the convict
will, if released, be suitably cared for, shall accompany the other
documents."
6 The report dated 23.08.2021 issued by the Regional Medical Board,
Government Stanley Hospital, Chennai, reads as under:
"Convict is not suffering from any life-threatening illness.
Patient is bed-ridden. He needs assistance for his routine activity.
Patient is not self-sufficient to take care of himself. Patient needs
bladder care, bowel care, nutritional care and supportive care."
7 A reading of the above extracted portion from the report of the
Regional Medical Board, Government Stanley Hospital, Chennai, shows that the
convict prisoner is not suffering from any life-threatening illness, though he is bed-
ridden and requires assistance for his routine activities and supportive care which
are, at present, being given to him in the Prison Hospital.
8 As per Rule 632, ibid., for releasing a prisoner under the said Rule,
the Medical Officer should say that, in his opinion, the prisoner is likely to die if he
remains in confinement and that he will have a reasonable chance of recovery if he
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W.P.No.13786 of 2021
is released. Unless this condition obtains, the prisoner cannot be released under
Rule 632, ibid.
9 Mr. Pugalenthi, learned counsel for the petitioner submitted that even
according to the report of the Regional Medical Board dated 23.08.2021, the
convict prisoner appears to be suffering from rheumatoid arthritis, hypertension,
coronary artery disease, etc. and therefore, he deserves to be released under Rule
632, ibid.
10 Mr. Hasan Mohamed Jinnah, learned State Public Prosecutor, assisted
by Mr. R. Muniyapparaj, learned Government Advocate (Crl. Side), refuted the
aforesaid contention.
11 We gave our anxious consideration to the rival submissions.
12 At the outset, we have to confess that we are not medical experts and
we have to go only by the report of the Regional Medical Board. As stated above,
the Regional Medical Board comprising three experts, has gone into all the medical
parameters of the convict prisoner and has clearly opined that though he has the
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W.P.No.13786 of 2021
aforesaid ailments, yet, he does not suffer from any life-threatening illness.
Therefore, we cannot substitute our opinion over that of the experts.
13 In such perspective of the matter, this writ petition is liable to be
dismissed as being devoid of merits and is accordingly dismissed. Costs made
easy. Connected W.M.P. is closed. However, the prison authorities shall provide
medical treatment to the prisoner in the best possible way.
(P.N.P., J.) (R.N.M., J.)
15.09.2021
cad
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W.P.No.13786 of 2021
P.N. PRAKASH, J.
and
R.N. MANJULA, J.
cad
To
1 The Principal Secretary to Government
Home, Prohibition and Excise Department
Secretariat
Chennai 600 009
2 The Director General of Police & I.G. of Prisons
Gandhi Irwin Road
Egmore, Chennai 600 008
3 The Superintendent of Prisons
Central Prison
Puzhal, Chennai 600 066
4 The Public Prosecutor
High Court of Madras
Chennai 600 104
W.P. No.13786 of 2021
15.09.2021
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