IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 9278 of 2007 Between: The Citizen's Initiative for Right to Justice, having its Office H. No. 3-6- 767/1&A, Flat No.402 Kamala Nivas Apartments, Street No.13, Himayatnagar, Hyderabad-29 rep by Convener Mahanty Venkata Rao. ..... PETITIONER AND 1 The Inspector General (Prisons), Chenchalguda, Hyderabad. 2 Government of Andhra Pradesh rep by its Secretary, Home Department, Secretariat, Hyderabad. 3 The Project Director, A.P., State Aids Control Society, DM &HS CAMPUS Sultan Bazar, Koti, Hyderabad-95 .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, order or Direction, more particularly one in the nature of Writ of Mandamus- (i) declaring the inaction of the respondents in not taking action against the Superintendent and other staff of the Central Prison, Cherlapally, for Misappropriation of funds allotted by the prisons department in Collaboration with A.P. State AIDS Control Society, to treat the AIDS patients and to take up such other consequential programmes under the project as illegal, arbitrary and unconstitutional, apart from being violative of principles of natural justice, and against the guidelines issued by the principles of natural justice, and against the guidelines issued by the Prisons Department, Andhra Pradesh, in Collaboration with the AIDS Control Society; Consequently (ii) direct the Respondents to initiate appropriate legal action including the action under the penal provisions for offences of misappropriation, Cheating and criminal breach of trust as against the officials and others of Cherlapally Central Prison on the basis of the Enquiry Report of the 3rd Respondent, or by causing enquiry by an independent agency: Consequently (iii) direct the respondents to ensure that the funds allotted by the AIDS Control Society and the Government of Andhra Pradesh under the Sexual Health prisoner Projects of Prisons Department in it proper spirit and objects; and (iv) pass such other or orders as the Hon'ble Court deems fit proper and appropriate, in the circumstances of the case. Counsel for the Petitioner : MR.NANDIGAM KRISHNA RAO Counsel for the Respondents : GP FOR HOME The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 9278 of 2007 ORDER : (Per Hon’ble The Chief Justice Sri Anil R.Dave) By virtue of this petition, which is in the nature of Public Interest Litigation, the petitioner has brought to notice of this Court that Superintendent and other staff of Central Prison, Cherlapally have misappropriated substantial funds, put at their disposal by Andhra Pradesh AIDS Control Society. It has been also alleged that though substantial amount has been misappropriated, no action has been taken against the concerned persons and therefore, it has been prayed that legal action should be taken against those persons. It has been also prayed that the amount that might be allotted by the Andhra Pradesh AIDS Control Society should be properly utilized for the prisoners of Cherlapally Central Prison. At the time of earlier hearing of the petition, it was also alleged that there are not adequate number of doctors in the said prison. In pursuance of the notice issued by this Court, counters have been filed by the respondent-authorities. With regard to allegations contained in the petition about misappropriation of funds, the learned advocate appearing for the petitioner has submitted that he would not like to press the said submission. It has been submitted on behalf of the learned Government Pleader for Health that at present one Physician is rendering his services to the prisoners at Cherlapally Central Prison. It has been also submitted by the learned Government Pleader that if need be, additional Physician will be appointed at the said prison so that the prisoners may get sufficient medical facilities. It has been also submitted by her that there are 12 patients who are suffering from AIDS and those patients and other patients suffering from serious ailments are normally referred to Osmania General Hospital. It has been thus submitted that due care is taken with regard to the health of the prisoners who have been lodged at Cherlapally Central Prison. In view of the above fact, we do not find any substance in the petition and it is accordingly disposed of. _________________ ANIL R. DAVE, CJ 15th April 2008 ___________________ R. SUBHASH REDDY, J ajr To: 1 The Inspector General (Prisons), Chenchalguda, Hyderabad. 2 The Secretary, Home Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 3 The Project Director, A.P., State Aids Control Society, DM &HS CAMPUS, Sultan Bazar, Koti, Hyderabad-95