Madras High Court
Poovarasi vs The Additional Director General Of ... on 5 August, 2019
Author: M.M.Sundresh
Bench: M.M.Sundresh, M.Nirmal Kumar
H.C.P.No.1379 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05..08..2019
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH
and
The Hon'ble Mr. Justice M.NIRMAL KUMAR
H.C.P.No.1379 of 2019
Poovarasi .. Petitioner
Vs
1. The Additional Director General of Prison
(Whannels Road)
No.2, Gandhi Irwin Road,
Egmore,
Chennai.
2. The Superintendent of Prison,
Special Prison for Women,
Puzhal,
Chennai – 600 066. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for a writ of habeas corpus, to direct the 2nd respondent
to provide the petitioner with ''A Class'' facility in Special Prison
for Women, Puzhal, immediately.
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H.C.P.No.1379 of 2019
For Petitioner .. Mr.P.G.Perumal Pandian
For Respondents .. Mr.C.Iyyapparaj
APP for RR1 & 2
ORDER
(Order of the Court was delivered by M.M.SUNDRESH, J.) The petitioner, being lady, seeks 'A' Class facility in the prison on the premise that she is a post graduate apart from being an erstwhile business woman.
2. The learned Additional Public Prosecutor has submitted that as per Rule 225 of The Tamil Nadu Prison Rules, 1983, the petitioner is not entitled to 'A' Class facility and therefore, the petition will have to be dismissed.
3. The petitioner is a women and she has undergone more than nine years of imprisonment. She is also a post graduate holder and a para legal volunteer. Rule 225 deals with the social 2/4 http://www.judis.nic.in H.C.P.No.1379 of 2019 status, education or habit of life. All these classes will have to be read together on the principle of ejusdem generis. Therefore, we are of the view that she is entitled for 'A' class facility.
4. In the result, the respondents are directed to provide 'A' class facility to the petitioner/convict. This Habeas Corpus Petition is disposed of accordingly with the above direction.
(M.M.S.J.,) (M.N.K.J.,)
05..08..2019 Speaking/Non Speaking Order kmk/msrm To
1. The Additional Director General of Prison (Whannels Road) No.2, Gandhi Irwin Road, Egmore, Chennai.
2. The Superintendent of Prison, Special Prison for Women, Puzhal, Chennai – 600 066.
3. The Joint Secretary to Government, Public (Law and Order) Department, Secretariat, Fort St. George, Chennai 600009.
4. The Public Prosecutor, High Court of Madras, Madras.
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and M.NIRMAL KUMAR,J.
kmk H.C.P.No.1379 of 2019
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