IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 17.07.2006 Coram:- The Hon’ble Mr. Justice P.SATHASIVAM And The Hon’ble Mr. Justice V.DHANAPALAN H.C.P. Nos.32 & 275 of 2006 & Writ Petition No.1612 of 2006 and W.P.M.P. No.1817 of 2006 HCP No.32 of 2006:- A.Alima … Petitioner Vs. 1. The State of Tamilnadu Rep. by its Secretary, Home Department, Fort St. George, Chennai-600 009. 2. The Addl. Director General of Prison, No.1 Gandhi Irvin Road, Egmore, Chennai-600 008. 3. Inspector General of Prison, Central Prison, Coimbatore-641 018. 4. The Superintendent, Central Prison, Coimbatore-641 018. … Respondents HCP No.275 of 2006:- 1. W.Yusuf 2. S.A.Basha 3. Md.Ansari 4. Bhasi @ Md.Bhasith 5. Osheer @ Abdul Osheer 6. S.A.Md.Alikhan @ Kutty 7. Siddiq Ali @ Siddiq 8. Babu @ Uumai Babu 9. Zahir Hussin @ Ismail 10. Abdul Salam @ Salam 11. Aslam @ Tada Aslam 12. S.Siraj @ Auto Siraj https://hcservices.ecourts.gov.in/hcservices/ 13. M.H.Safoor Rahman 14. Abbas @ Kilakkarai Abbas 15. Jafur @ Syed Jafur 16. Ismail 17. Jaffar 18. Md Amzad Ali 19. Aman @ Amanullah 20. Md Samesha 21. Shajakhan 22. Amanullah 23. Jahangir 24. Md.Muthu @ Musthafa 25. Sarbudeen 26. Samsu @ Samsudeen 27. Abu @ Abudhakir 28. Jaffer Ali 29. L.M.Hakeem 30. Abu @ Abudhakir 31. Md.Rafik 32. P.R.Md.Rafi 33. Noor Mohamed 34. Basha @ Hussir 35. Ibrahim @ Babu 36. M.Hakkim 37. N.S.Hakkim 38. E.M.Monaffa @ Md.Hassan 39. Asraf 40. Abdul Razack 41. Md.Hasam 42. Syed @ Santh Moahmed 43. Riazh Ahamed @ Riazh 44. Abuthaheer @ Abu 45. Abu @ Abuthaheer 46. Md.Rafi 47. Abbass 48. Md.Ibrahim @ Belt Ibrahim 49. Abdul Rahman 50 Abbass @ Surutaimudi Abbass 51. Amanullah 52. Yahuf @ Khader 53. Saleem @ Saleem Basha 54. Yahub Khan @ Burketh 55. Abdul Kareem @ Babu 56. Abdul Farook 57. Hakeem @ Khaja 58. Illiyas 59. J.Abbaas 60. H.Ismail 61. Babu @ Md.Rafi 62. Ansari Basha https://hcservices.ecourts.gov.in/hcservices/ 63. Ibrahim 64. Khader 65. Abaass 66. B.Berketh 67. Jafar 68. M.Basha 69. Sadiq Basha 70. Akbar Basha 71. Asraf Ali 72. Musthafa 73. Abbas Ali 74. Abubakkar Siddiq 75. Sardhar @ Khan 76. Salaudeen @ Sha Nawaz 77. Sheriff 78. Md.Sabhi 79. Samjid Ahammed 80. Azeefullah 81. Abdul Nayeem 82. Bhava 83. Sarbudheen @ Sarbhu 84. E.M.Muthalif 85. H.S.Syed Haroon 86. Jafarullah @ Syed 87. Mohammed Rasool 88. Amanullah @ Babu 89. Bush @ Pushparaj 90. Nowshaad 91. Sardar @ Saithan 92. Abdul Raheem 93. Abdul Rahman 94. Abbaas @ Md.Abbaas 95. Anwar Bash @ Khalia 96. Sikkender Basha 97. Babu @ Sappai Babu @ Arokiaswami 98. Amman @ Ammanullah 99. Asraf Ali 100. Samsudeen 101. Khaja Hussain 102. Sivakumar @ Abdul Ameed 103. Abdul Rahman 104. Abdul Azeez 105. Hakim @ Anwar 106. S.Md.Subbair 107. Seyed Md.Bhukari 108. Idayathalikhan 109. Md.Rafi 110. Fakrudeen Ali Ahammed @ Fakkar 111. Mujibur Rahman @ Mujir 112. N.Shakul Ahmeed @ Immam ali https://hcservices.ecourts.gov.in/hcservices/ 113. Muji @ Mujibeer Rahman 114. Sivakumar @ Akkoji @ Abdullah 115. Ahammed Basheeer @ Nanthu Basheer 116. Siddiq Ali @ Sultan … Petitioners vs. 1. The State of Tamil Nadu Rep. by its Secretary, Home Department, Fort St. George, Chennai-600 009. 2. The Addl. Director General of Prison, No.1 Gandhi Irvin Road, Egmore, Chennai-600 008. 3. Deputy Inspector General of Prison, Central Prison Campus, Coimbatore-641 018. 4. The Superintendent, Central Prison, Coimbatore-641 018. 5. D.Palani, Jailor, Central Prison, Coimbatore-641 018. 6. R.Kanagaraj, Security Jailor, Central Prison, Coimbatore-641 018. 7. R.Sekar, Deputy Jailor, Central Prison, Coimbatore-641 018. 8. Elavarasan, Deputy Jailor, Central Prison, Coimbatore 641 018. 9. Dhandapani, Warder, Central Prison, Coimbatore 641 018. https://hcservices.ecourts.gov.in/hcservices/ 10. Bhoopathi, Warder, Central Prison, Coimbatore-641 018. 11. Mathivanan, Warder, Central Prison, Coimbatore-641 018. 12. Dhanavendran, Warder, Central Prison, Coimbatore-641 018. 13. Jegannathan, Warder, Central Prison, Coimbatore-641 018. 14. Sabaridoss, Warder, Central Prison, Coimbatore-641 018. 15. Loganathan, Warder, Central Prison, Coimbatore-641 018. 16. Prakash, Warder, Central Prison, Coimbatore-641 018. … Respondents W.P. No.1612 of 2006:- 1. Samsuddeen 2. Basheer @ Nelliseri Basheer 3. Abbas … Petitioners vs. 1. The Secretary, Department of Home, Fort St. George, Chennai-600 009. 2. The Superintendent, Central Prison, Coimbatore. 3. Palani, Jailor, Central Prison, Coimbatore. 4. Kanakaraj, https://hcservices.ecourts.gov.in/hcservices/ Jailor, High Security Zone, Central Prison, Coimbatore. 5. Sekar, Deputy Jailor, Central Prison, Coimbatore. … Respondents. HCP No.32 of 2006:- Petition under Article 226 of the Constitution of India for the issuance of a writ of habeas corpus, “ a. Directing to produce the body and person of the petitioner's son A.Nazar, S/o.Abdul Jabbar by the 4th respondent; b. To direct the respondents 1 to 4 to provide protection and safety to the life of the petitioner's son A.Nazar; c. Directing the 4th respondent to permit the petitioner to have an interview with the petitioner’s son, who is an under trial prisoner in S.C.No.2/2000 (on the file of the Bomb Blast Court at Coimbatore) and lodged in Central Prison, Coimbatore; and d. Order for an investigation and submission of a report by a panel of human right activists / lawyers regarding the torture and inhuman and degrading treatment meted out to the under trial prisoners of Coimbatore Central Prison and also the alleged death of the prisoners Nagarathinam and Rajendran, their torture and death reported in the Tamil Weekly “Nakeeran” dated 25-28 December 2005”. HCP No.275 of 2006:- Petition under Article 226 of the Constitution of India for the issuance of a writ of habeas corpus, a. Directing to produce the body and person of the petitioner Nos.1 to 116 by the 4th respondent; b. To direct the respondents 1 to 4 to provide protection and safety to the life of petitioner Nos.1 to 116; c. To direct the respondents 1 and 2 to initiate appropriate criminal and departmental action against the respondents 5 to 16 based on the complaints submitted by the petitioners and forwarded by the Special Court, Bomb Blast Cases, Coimbatore to the 2nd respondent and the complaints sent by the relatives of the petitioners to authorities; and d. Order for an investigation and submission of a report by a panel of Human Rights activities/lawyers regarding the torture and inhuman and and degrading treatment meted out to the under trial / convicted prisoners of Coimbatore Central Prison. WP No.1612 of 2006:- Petition under Article 226 of the Constitution of India for the issuance of a writ of mandamus directing the first respondent to initiate appropriate proceedings against respondents 3 to 5 based on the representation dated 23.11.2005 sent by the petitioners. https://hcservices.ecourts.gov.in/hcservices/ For Petrs. in the HCPs : Mr.C.Vijayakumar For Petrs. in the W.P. : Mr.C.D.Sugumar For Respondents/State : Mr.S.Ramasamy, Additional Advocate General, assisted By Mr.M.Babu Muthu Meeran, Addl. Public Prosecutor. COMMON ORDER P.SATHASIVAM, J. In all these Petitions, the petitioners are either under trial prisoners/accused in SC No.2 of 2000 on the file of the Special Court for exclusive trial of Bomb Blast Case at Coimbatore or relatives of some of the accused. 2. For the purpose of brevity, we couch the prayers made in all the three Petitions in a composite parlance, a. to direct the authorities concerned to produce the body and person of the individuals/prisoners mentioned therein; b. to direct the respondents/superior authorities to take action against the errant respondents by taking both criminal and departmental action for their alleged acts as mentioned in the complaints made against them; c. to direct the respondents concerned to ensure the protection and safety of the prisoners; d. to direct the jail authorities to permit the relatives of the Prisoners to have interviews with them; e. to order for investigation and report by human right activists / lawyers on the excesses alleged to have been committed by the jail authorities; and f. to direct the Government to initiate appropriate proceedings against the respondents based on the representation dated 23.11.2005 sent by the petitioners. 3. Since all the three petitions are interlinked and the reliefs sought for therein are one and the same, they are being disposed of by the following Common Order. For convenience, we refer to the case of the petitioners as stated in HCP No.275 of 2006. https://hcservices.ecourts.gov.in/hcservices/ 4. The case of the petitioners, in an abridged form, is as follows:- Ever since confinement of the petitioners/prisoners in the Coimbatore Central Prison, they have been facing torture and most inhuman and degrading treatment at the hands of the Coimbatore Central Prison Officials. After the posting of D.Palani, Jailor and R.Kanagarj, Security Jailor (R-5 and R-6), attacks were intensified on the under trial prisoners. On 02.09.2005, one of the under-trial prisoners by name Nellicheri Abdul Basheer was brutally attacked at the instigation of Elavarasan, the Deputy Jailor (R8). On the complaint of Abdul Nazar Madhani and other prisoners, the Sessions Judge directed for production of Nellicheri Abdul Basheer before him on 05.09.2005. After seeing the said Abdul Basheer, the Sessions Judge ordered the Dean, Coimbatore Medical College (C.M.C.), to examine him and to submit a report in that regard on or before 08.09.2005. As there was failure on the part of the Hospital Authorities to submit the report as directed, the Sessions Judge forwarded a complaint to the Additional Director General of Prisons, for necessary action, as also a letter to the Secretary, Health Department, Government of Tamil Nadu, about the failure of the C.M.C. Hospital, Coimbatore, for submission of the report. On 05.09.2005 itself, one of the under-trial prisoners by name J.Aslam had also submitted a written complaint before the Special court about the threat, coercion and intimidation caused to him by the Jailor and Security Jailor, by showing the rifle and asking him to plead guilty in the case. On 08.09.2005, 76 prisoners had submitted a complaint before the Special Court about the fear-psychosis or murder and death created amongst the prisoners by R.5, R.7 and R.8 to R.11 and requested to issue appropriate orders. Since no medical report was filed in compliance with the order of the Sessions Judge, Nellicheri Abdul Basheer filed a petition on 13.10.2005 before the Sessions Judge for initiation of contempt proceedings against the Dean of the C.M.C. Hospital for wilful disobedience of the court order dated 05.09.2005, whereupon, a false report was submitted on 17.11.2005. On 24.10.2005, Tmt.Rahmath Nisha, mother of the first petitioner sent a complaint to the Chief Minister regarding the assault and torture inside the prison. On 15.11.2005, one of the co-accused Nazar had submitted a complaint before the Special Court expressing his fear about the insecurity to his life by explaining the atrocities committed by respondents-5 to 8 and other Warders. The Sessions Judge forwarded the said complaints to the second respondent for appropriate action on 30.11.2005. On 17.11.2005, prisoner Yusuf along with 99 prisoners herein had submitted a complaint before the Special Court regarding the excesses committed by respondents-5 to 8 along with 100 warders for attacking and locking them inside the cells and denying https://hcservices.ecourts.gov.in/hcservices/ proper place for their Prayer. On 27.11.2005, the said Yusuf and three prisoners were attacked by respondents 7, 9, 11 and 12 along with Warders Sadayan and Parthasarathy. The petitioners had jointly submitted a complaint before the Sessions Judge on 28.11.2005 for taking action against the jail officials. The Sessions Judge noted the injuries on petitioner No.99, viz., Ashraf Ali, ordered for his production before the Medical Officer, C.M.C., Coimbatore. Medical Certificate was ordered to be furnished on 29.11.2005. On 20.01.2006, respondent No.11 assaulted the first petitioner/Prisoner Yusuf while respondent No.16 punched him with fisted hand on his nose, resulting in bleeding injuries on the nose. On noticing the injuries and bloodstained cloths, the Sessions Judge sent him for medical examination by the Dean, C.M.C., Coimbatore. On 18.01.2006, a convicted prisoner by name Ramasamy attempted to commit suicide and the Jail Officials did not take any precautionary measure for safeguarding the life and limb of the prisoner. On 05.02.2006, two convicted prisoners, viz., James and Senthil Kumar, attempted to commit suicide by jumping down from the top of the coconut tree and it was widely reported in the Press that the cause for the occurrences on 18.01.2006 and 05.02.2006 was the torture done by the Jail Officials on the prisoners. The petitioners both individually and collectively made several complaints to respondents 1 to 3 through the Special Court for taking criminal and departmental actions against respondents 5 to 16, however, till date no action has been taken. The action of the respondents are against the provisions of the Prisons Act, 1894 and also violative of Article 21 of the Constitution of India. Pointing out the above aspects, a request has been made for the constitution of an Expert Panel of human right activists/lawyers to inquire into the matter and submit a report relating to the complaints sent by the petitioners and their relatives. 5. The respondents filed counter affidavits, disputing and denying the averments made by the petitioners. The counter affidavit filed by the Superintendent of Prisons, Central Prison, Coimbatore, ie., the fourth respondent, is more exhaustive, hence, we shall refer to the contents therein. According to him, administering the prisoners lodged in the Prisons in Tamil Nadu is carried out as per the Tamil Nadu Prison Rules, 1983, which were framed under Section 59 of the Prisons Act, 1894 (Central Act No.IX of 1894). The prisoners concerned https://hcservices.ecourts.gov.in/hcservices/ in Bomb Blast Cases have been frequently indulging in anti- administrative activities and other unruly activities for one reason or other and whenever the Prison Officers made efforts to control such activities, which are against the Prison Rules, they use to make false complaints against the Prison Officials and file cases before the Sessions Judge for Trial of Bomb Blast Cases, Coimbatore. Respondents-5 and 6 are performing their duties as per the Prison Rules without any deviation which resulted in making false complaints against them by the prisoners. In respect of an incident said to have taken place at 11.25 hours on 02.09.2005, prisoner Madhani shouted at Palanichamy/Chief Head Warder, who was on duty, in filthy language. On the same day, Madhani tried to assault Palanichamy/Chief Head Warder and it was Elavarasan, the Deputy Jailor, who rescued and sent him to the tower block. Prisoner Madhani shouted at Elavarasan and tried to assault him. After dismissal of the Bail Petition moved by Madhani and his wife Soofia by the Supreme Court, Madhani and his associates bore a grudge against the prison officials and administration and started filing petitions containing false allegations before the Sessions Judge for trial of Bomb Blast Cases, Coimbatore. A Team named ‘Operation Cell Phone Team’ which was constituted exclusively to unearth cell phones from the prisoners inside Central Prison, Coimbatore, consisting of Jailors Palani and Kanagaraj, Deputy Jailor Sekar and some warders, conducted frequent surprise searches inside the Prison and seized contraband articles like cell phones, cellphone chargers, SIM card etc. on many occasions. The action of the team irritated the high risk prisoners. As such, 100 prisoners presented two petitions dated 05.09.2005 containing false allegations against the Prison Officials and the Prison Administration. On 05.09.2005, prisoner Abdul Nazar Madhani had submitted a petition before the Sessions Judge, praying to initiate appropriate action against Elavarasan, Deputy Jailor, alleging that the said Official assaulted prisoner Nellichery Abdul Basheer; pursuant to which, Basheer was produced before Court on 05.09.2005. On his complaint, the Court directed the Dean, C.M.C. Hospital, Coimbatore, to examine him clinically and submit a Report. Nellichery Abdul Basheer was in good health condition at the time he was produced on 05.09.2005 before the Sessions Judge, which itself would show that he was not assaulted by Deputy Jailor Elavarasan on 02.09.2005 as alleged by the petitioners. No prisoner was assaulted by the prison staff during the incident that took place in the Central Prison on 02.09.2005, but, false rumours were spread by the supporters of Madhani and other Al-Umma prisoners. No officer and staff of Central Prison, Coimbatore, created any fear psychosis amongst https://hcservices.ecourts.gov.in/hcservices/ the prisoners as alleged by the petitioners in the petition dated 08.09.2005. All the prisoners were periodically being permitted for interviews. As prisoner Yusuf abused the Prison Officials with filthy language during the search made while he was taken to the court on 20.1.2006 and assaulted two warders, he was awarded the Prison punishment of interview cut for three months by the Superintendent, Central Prison, Coimbatore. On Appeal, the punishment was reduced to two months by the Additional Director General of Prisons on humanitarian grounds. On 11.11.2005, 12 Muslim convict prisoners lodged in the III Block of Central Prison, Coimbatore, refused to go to the Block in the evening, thereby violated Rule No.271(1) of the Tamil Nadu Prison Rules, 1983, in demand of a separate block for their worship and daily prayers. They also scolded the Prison officials and the warders in filthy language when they attempted to push them into the cells. When routine search was conducted in the 10th block of the high security enclosure, the prisoners lodged therein abused the prison officials in filthy language and threatened them with death within a week, stating that they spent about Rs.30 lakhs to collapse the Coimbatore City by planting bombs. The prison officials during the search on 14.11.2005 seized the contraband articles only from the 10th block where the high security prisoners are lodged. Regarding the allegation in respect of the incident dated 27.11.2005, 106 persons were produced in the Court of Sessions on 28.11.2005 at 10 A.M. The prisoners complained through their counsel that petitioner number 99/Ashraf Ali was assaulted by the prison officials on 27.11.2005, therefore, their lives were in danger in prison. As desired by the Sessions Judge, Ashraf Ali and three others were produced before him on 28.11.2005 in the afternoon. The Superintendent, Central Prison, Coimbatore, went to the court and informed the Special Prosecutor for Bomb Blast Cases to the effect that no prisoner was assaulted in the prison and Ashraf Ali was only restrained when he attacked the Prison Warders in the 11th Block. On the orders of the Sessions Judge, he was taken to C.M.C. Hospital under police escort and after examination by the Doctors; he was brought back to the Court. The allegation that petitioner Yusuf and other prisoner Ashraf Ali were lodged in a separate cell was denied. It is further stated that Yusuf was taken to the court for trial, search was made in accordance with the Rules, at that time, he protested against the search and tried to go outside through the main gate. When he was prevented from going outside, he pushed a Warder on duty namely Kumaresan and abused the TSP personnel in filthy language. During that time; Sabaridass, Mathivanan and https://hcservices.ecourts.gov.in/hcservices/ Prakash, Grade II warder of Riot Control Team; were attacked by prisoner Yusuf. Mathivanan and Prakash sustained injuries and were admitted as inpatients in C.M.C. Hospital for treatment. As per the Prison Rules, search is common for all prisoners. As regards convict prisoner Ramasamy’s attempt to suicide is concerned, it is stated that on 18.01.2006, due to some quarrel with other prisoners, he suddenly climbed on a tree near the block where he is lodged and attempted to commit suicide by using bed-sheet. Immediately, he was rescued by the prison personnel, given first aid in the Prison Hospital and thereafter, he was sent to C.M.C. Hospital for further treatment. A criminal case was registered against him. Likewise, convict prisoner James also climbed over the coconut tree on 5.2.2006 to pick the coconuts, however, on seeing the Warder, he came down from the tree quickly, in that course, he lost his hold from the tree and fell down. He was sent to C.M.C. Hospital for further treatment. It is specifically stated that no prisoner other than those concerned in Bomb Blast cases has made any complaint against the Prison Officials and administration of Central Prison, Coimbatore. The second respondent assumed charge as Additional Director General of Prisons on 15.09.2005. He visited the Central prison, Coimbatore, on various dates and took action to redress their grievances that are permissible as per Rules. Further, interviews are allowed as per Prison Rules to all the prisoners including the petitioners and no indifferent attitude was shown against the petitioners in the matter of interview as alleged. As the petitioners have indulged in unlawful activities against the Prison Administration, criminal cases were registered against them for committing offences against Prison Administration besides awarding punishment of interview cut to some of them according to Prison rules. There is no violation of human rights in dealing with the prisoners concerned in Coimbatore Serial Bomb Blast Cases as alleged by the petitioners. 6. The fourth respondent/Superintendent of Prisons, Central Prison, Coimbatore, also filed an additional counter affidavit reiterating the earlier stand and asserting that proper enquiries were conducted by the fourth respondent and appropriate action was initiated whenever necessary. He further stated that since all the prison officials acted in good faith in discharging their duties as per law and did not commit any excess in their duties, the 4th respondent did not initiate any departmental or criminal proceedings against the prison officials including warders of Central Prison, Coimbatore. No torture or ill-treatment was exercised upon any of the petitioners as contended by them. Apart from his daily routine rounds, the fourth respondent is conducting weekly inspection of the prisoners on every Tuesday as per Prison Rules along with Chief Medical Officer of CMC Hospital and prison officials in order to hear the grievances made by the https://hcservices.ecourts.gov.in/hcservices/ petitioners and redress the genuine grievances represented by them then and there. Further, the District Sessions Judge also visits the prison once in a month and attends to the grievances made by the petitioners. A Member of the State Human Rights Commission also made visits twice to Central Prison, Coimbatore, in 2006 and no complaint was registered. The Prison Administration is providing all facilities to these prisoners in time for their education as permitted under the Prison Rules. 7. Other respondents also filed counter affidavits denying the allegations made against them and highlighting their stand. 8. The petitioners have filed reply affidavits refuting the stand taken by the respondents. 9. Heard Mr.C.Vijayakumar and Mr.C.D.Sugumar learned counsel appearing for the petitioners; and Mr. S.Ramasamy, learned Additional Advocate General, duly assisted by Mr.M.Babu Muthu Meeran, Additional Public Prosecutor. 10. Though an objection was raised that the Habeas Corpus Petitions are not maintainable, in view of the earliest Judgment of the Supreme Court reported in AIR 1980 SC 1579 (Sunil Batra v. Delhi Admn.), and considering the fact that the issues raised in these petitions relate to the right of under trial prisoners/prisoners and the judicial remedies available to them, we hold that the Habeas Corpus Petitions as well as the Writ Petition under Article 226 of the Constitution of India are maintainable. 11. It is the main grievance of the petitioners that some of the prisoners are being tortured at the hands of the Jail Authorities, hence, they require protection and safety. It is also their grievance that in spite of several complaints made in the form of petitions and representations and also directions of the Special Court for Bomb Blast Cases, Coimbatore, no criminal or departmental action was taken against respondents 5 to 16. It is also complained that some of them were denied interviews. They seek for ordering investigation and submission of a report by a panel of Human Right Activists/Lawyers regarding the torture and inhuman treatment meted out to the under-trial prisoners in the Coimbatore Central Prison. 12. On the other hand, Respondents-2 and 4 have filed detailed counter affidavits, wherein, by pointing out the action taken by the Prison Officials according to the Prison Rules; certain directions by the District Judge; Orders passed by the Superintendent of Prison and Additional Director General of Prisons on the complaints/representations/petitions of the jail inmates; excess on the part of the under-trial prisoners of https://hcservices.ecourts.gov.in/hcservices/ Coimbatore Serial Bomb Blast Case, etc.; denied all the allegations made against the Prison officials. 13. The only point that arises for consideration in these Petitions is as to whether the petitioners/under trial prisoners suffered ill-treatment at the hands