While according due paramount importance to the legal right of the prisoners to be treated with respect, it would be most significant to note that while taking the right step in the right direction at the right time, the Madras High Court in a most commendable, cogent, convincing and current judgment titled S. Kalavathi Vs. State & Ors. in W.P.No.19668 of 2024 and W.M.P.Nos.21529 & 21531 of 2024 that was reserved on 21.10.2024 and then finally pronounced on 29.10.2024 has most unequivocally directed the Director General of Police and Director General of Prisons and Correctional Service to conduct frequent inspections to ensure that prisoners are not engaged or employed by the Prison Authorities in their residences for household works. This was directed by the Madras High Court while considering a writ petition that had been 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-year-old son who has been confined in the Central Prison.
It must be also mentioned here that while ordering investigations and enquiries to continue against the erring police officers, the Division Bench comprising of Hon’ble Mr Justice SM Subramaniam and Hon’ble Mr Justice V Sivagnanam explicitly held in the fitness of things that:
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. Very rightly so!
Before stating anything else in this brilliant judgment, the Division Bench while mentioning about the prayer in the petition observes that:
Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1, 2 and 3 to consider the representation of the petitioner dated 02.07.2024 and to provide proper medical treatment to the petitioner's son namely Mr.Sivakumar son of Satish, aged 30 years, CT.No.2209, convict prisoner, now confined in the Central Prison, Vellore.
To say the very least, I must say from the bottom of my heart that I am most deeply indebted to this Division Bench for revealing what Mahatma Gandhi once said so famously about which I was blissfully unaware as pointed out in the very beginning of this judgment which stands out like a crown stating so very boldly that:
All Criminals should be treated as patients and the jails should be hospitals admitting this class of patients for treatment and cure. It is a sign of a diseased mind. Absolutely right!
At the very outset, this notable judgment authored by Hon’ble Mr Justice SM Subramaniam for a Division Bench of the Madras High Court comprising of himself and Hon’ble Mr Justice V Sivagnanam sets the ball in motion by first and foremost putting forth in para 1 that:
The writ petition on hand has been instituted to direct the respondents 1 to 3 to consider the representation of the petitioner dated 02.07.2024 and to provide medical treatment to the petitioner’s son, who is a convict prisoner.
As we see, the Division Bench then discloses in para 2 that:
The son of the petitioner Mr.Sivakumar, S/o.Mr.Sathish is a convict prisoner (CT.No.2209) initially lodged in Central Prison, Vellore and now transferred to Central Prison, Salem, pursuant to the orders of this Court.
To put things in perspective, the Division Bench envisages in para 3 that:
The convict prisoner Mr.Sivakumar was convicted in S.C.No.123 of 2014 and sentenced to imprisonment for life. The High Court confirmed the conviction and sentence. He is in actual imprisonment for about 10 years. During the 4 th week of May, the petitioner, who is the mother of the convict prisoner came to know that her son was assaulted on 21.05.2024 by the Prison Authorities and 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.
Subsequently, the petitioner came to know that her son was assaulted by the Prison Wardens namely Mr.Mani, Mr.Prakash and Mr.Raja Suresh, based on certain false allegation of theft for a sum of Rs.4.5/- lakhs, silver jewellery and other articles from the house of the Deputy Inspector General of Prisons (DIG)/3 rd respondent. On 29.06.2024, during an interview by the legal practitioner with the son of the petitioner, he was informed that the prisoner was in solitary confinement in HS-4 Block without proper medical treatment. The petitioner states that the life of the prisoner is in danger in the hands of the Prison Authorities/respondents 3 and 4. She was not permitted to see her son. No interview was permitted by stating that the prisoner is not eligible to avail the benefit for 90 days.
It is worth paying attention that the Division Bench points out in para 9 about the preliminary report that:
The Investigating Officer found that employing the convict prisoners for domestic works inside the residences of Prison Authorities is strictly prohibited, even in the quarters occupied by the Subordinate Prison Officials.
The preliminary report revealed certain facts and the findings of the Investigating Officer are as under:
- It has come to light that the Deputy Inspector General of Prison, Vellore Range has utilized few convict prisoners to do her household chores. The rules/guidelines with regard to utilizing convict prisoners for this kind of job will be clarified with the help of senior prison officials.
- One of such convict prisoners, Mr. Sivakumar, had stolen a few silver articles, electronic equipment, and cash amounting to Rs. 4.25 Lakhs from the house of DIG, Prisons, Vellore Range. Apart from those articles, Mr. Sivakumar had stolen cash kept in the almirah and shelf on various occasions prior to this episode.
- In order to recover those stolen materials, Deputy Inspector General of Prison Mrs. Rajalakshmi used the help of her subordinates, who in turn assaulted him on a few occasions to enforce recovery. The nature of injury will be ascertained by subjecting the victim Mr. Sivakumar to a medical examination by a Medical Board. Further, all co-prisoners who were lodged with the victim Mr. Sivakumar during the period of detention in the High Security Block and Closed Prison Block are to be examined further to ascertain the nature of alleged torture.
- It has been further ascertained that during the course of recovery, he was frequently shifted from one cell to another, viz., High Security Prison, Closed Prison, etc. The Standard Operative Procedures/Rules with regard to shifting the prisoner from one detention cell to another within the prison will be examined by getting clarification from the prison officials.
It cannot be glossed over that the Bench lays bare in para 10 disclosing that, Again the case was adjourned and subsequently the Superintendent of Police, CBCID filed further status report of the Investigating Officer on 21.10.2024. The second status report reveals that the Investigating Officer collected further details and documents were collected. The co-prisoners / convicts confined in the High Security Block (HS4) and Closed Prison (CP) of Central Prison, Vellore were examined and their statements are recorded.
The co-prisoners seems to have informed the Investigating Officer that the victim Mr.Sivakumar along with another convict Manikandan were beaten up. Further inquiry revealed that the convict prisoner Mr.Sivakumar along with other convict prisoner had been engaged in household chores at the residence of the Deputy Inspector General of Prisons, since July 2023.
Most forthrightly and most significantly, the Division Bench enjoins in para 13 stating that:
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 disadvantageous position. Therefore, any kind of exploitation by the Prison Authorities cannot be subjected to normal view, but serious actions are highly warranted. Prison Authorities are solely accountable and responsible for the happenings inside the prison to the convict prisoners.
When the convict prisoners are utilised for residential works in the residences of the Prison Authorities and monitored by the Subordinate Prison Authorities, both the actions are offences and illegal, and serious actions against such Prison Authorities engaging prisoners as well as the Uniformed Personnel are just and necessary. There cannot be any compromise in dealing with such nature of offences and misconduct by the Prison Authorities.
Most commendably, the Division Bench mandates in para 15 postulating that, Jails are places, where Jail authorities are given more power over the rights of the prisoners. In such circumstances, power must be exercised with care and caution. Abuse of power when having control over powerless prisoners will create havoc and undermine the ethos of criminal justice system. Nobody can unduly exercise power over another individual in this free world but it is only in places like prisons where authorities have been given power over certain rights of prisoners.
When such is the case, any misuse or abuse of powers shall not be taken in a normal manner but needs to be dealt with seriously. Already the prisoner is bereft of his fundamental right to liberty which is a punishment rendered in consonance with the procedures established by law. But on top of that to strip him of his other basic necessities, rights and eligibilities is a gross abuse of power and cannot be viewed leniently. Further inflicting pain and inhuman torture over powerless individuals is antithesis to Justice.
On the face of it, the Bench then points out in para 16 that:
The main reason for having prisons is to restrict the fundamental right to liberty of the prisoner by restricting his movement and preventing him from further committing crimes. Meanwhile, steps for reformation is undertaken inside the prison to ensure that once the prisoner walks out free, he can mingle with the society and carry on with his life in a more reformed way.
Do note, the Division Bench notes in para 17 that:
Jail Authorities must be more aware of their duties and the power accorded to them by law, which must be used in a responsible manner. Power is not granted for exhibiting it over powerless people. It is given by law to use it in a responsible manner for the benefit of people and society at large.
Most sagaciously, the Division Bench points out in para 18 that:
There exist a common sentiment among people that eventually prisoners are criminals and they can be treated harshly. Such commoner outside the jails living in the free world fail to understand the level of freedom guaranteed to them by our Constitution. To be inside a prison is a punishment in itself and to top that with such brutal torture is against the essence of right to life of any individual. Prison was not a liveable place at one point, it was through the birth of present day civilisations that we have come a long way in building a healthy criminal reformation system.
Fundamentally speaking, the Bench underscores in para 19 observing that:
The idea behind prisons is to keep the convict away from the society, (a) To bring down the crimes and protect the peace in the society and (b) to reform them. Rather to torture them is never an object nor a healthy process.
Most remarkably, the Division Bench very rightly emphasizes in para 20 stating that:
Prisoners lodged in prison belong to different social and economic strata of the society. More often people from vulnerable and disadvantaged sections of the society are voiceless and are unable to fight for even their basic rights. It is the duty of the ‘State’ and the prison officials to treat all equally and make sure that steps for reformation are taken rather than imposing more and more punishments on them, thereby, promoting them to commit further crimes. There are no good or bad people. It is always the circumstances that turn a man into a different person either for good or bad. And that choice is always with the person facing such pressures. Once a person enters a prison as a convict, they are already faced with a hardship of a bleak future. And jail should serve as a place of introspection to bring out more humaneness from them. Rather putting them through further torture and mental trauma pushes them towards commission of further crimes, thereby inhibiting their reformation process. The object of jails is reformation and not subjugation.
Quite remarkably, the Division Bench also points out in para 21 mentioning in the present context that:
The rights of the prisoners are well enumerated by the Constitutional Courts across the Country. Even recently, the Hon'ble Supreme Court of India reiterated the rights of the prisoners. 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.
Frankly speaking, the Division Bench also observes in para 22 that:
In this context, 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. However, in this regard, the Prison Authorities, who have misused their position have been suspended by Government vide G.O.(2D).Nos.317, 318 and 319, Home (Prison-I) Department dated 22.10.2024.
In the fitness of things, the Division Bench rightly specifies and directs in para 23 stating that:
In the present case, pursuant to the interim directions issued by this Court, criminal case has been registered and departmental actions are also initiated at the instance of the Director General of Prisons. Action initiated must be proceeded with and all the offenders are to be tried in the manner known to law.
Resultantly and as a corollary, the Division Bench then directs in para 24 specifying that:
In view of the facts and circumstances, the following orders are passed;
- The Superintendent of Police, CBCID is directed to proceed with the investigation in the criminal case registered in FIR No.1 of 2024 dated 06.09.2024 by following due procedures. The Trial Court is requested to expedite the trial as expeditiously as possible.
- The respondents 1 and 2 are directed to proceed with the departmental disciplinary proceedings under the relevant rules and conduct an inquiry by following the rules and conclude the same as expeditiously as possible.
- It is made clear that pendency of a criminal case is not a bar of concluding departmental disciplinary proceedings initiated under the Services Rules. All the records are available with the Government and the Director General of Prisons and CBCID. Therefore, there is no impediment for the Government to conduct the departmental disciplinary proceedings and conclude the same and pass appropriate final orders independently even during the pendency of the criminal case registered.
- 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.
Finally, the Bench then concludes by holding in para 25 that:
With the above directions, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.
In conclusion, there can be no gainsaying that the Madras High Court has very rightly pointed out in simple and straight language that prisoners are not to be engaged or employed by the prison authorities in their residences for household works. This must be implemented in totality by the jail authorities. It was also made indubitably clear by the Court that in cases where there is violation and abuse of power by the jail authorities then in such cases serious actions are highly warranted! No denying!
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh.
