Madras High Court
Shereen vs The Secretary To The Government on 25 November, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.P.(MD)NO.21860 OF 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.11.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MS.JUSTICE R. POORNIMA
W.P.(MD)No.21860 of 2024
Shereen ... Petitioner
Vs.
1. The Secretary to the Government,
Home (Prison-5) Department,
State of Tamil Nadu,
Fort St. George, Chennai – 9.
2. The Director General of Prisons and Correctional Services,
Chennai – 8.
3. The District Collector,
Madurai District.
4. The Superintendent of Prison,
Central Prison,
Madurai. ... Respondents
Prayer: Writ petition filed under Article 226 of the
Constitution of India, to issue a Writ of Certiorarified Mandamus, calling
for the records relating to the impugned order passed by the first
respondent in his proceedings in Government Order(Irubathaandu)
No.275, dated 29.08.2024 and quash the same as illegal and consequent
direction may be issued to the respondents to provide “A” Class facility
https://www.mhc.tn.gov.in/judis
1/5
2 W.P.(MD)NO.21860 OF 2024
to the petitioner's husband namely M.Berlin Jose, S/o.Muthiyan, CP
No.2287 confined in Central Prison, Madurai within the stipulated time.
For Petitioner : Mr.T.A.Ebenezer
For Respondents : Mr.T.Senthil Kumar,
Additional Public Prosecutor.
***
ORDER
(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard both sides.
2. The petitioner's husband is undergoing seven years imprisonment in Madurai Central Prison, Madurai for the offence under Sections 9(g), 9(i), 9(m) and 9(o) of the Protection of Children from Sexual Offences Act, 2012 r/w. Section 10 of the Protection of Children from Sexual Offences Act 2012. The petitioner seeks “A” Class facility for her husband. Her request was rejected vide G.O.(Irubathaandu) No.275, dated 29.08.2024. Challenging the same, this writ petition came to be filed.
https://www.mhc.tn.gov.in/judis 2/5 3 W.P.(MD)NO.21860 OF 2024
3. Rule 225 of the Tamil Nadu Prison Rules, 1983 reads as follows:-
“225. Classes of prisoners – (1) As mentioned in rule 217, convicted prisoners are divided into two divisions or Classes, “A”and “B”.
(i) Prisoners shall be eligible for Class “A”, if they by social status, education or habit of life have been accustomed to a superior mode of living. Habitual prisoners may, at the discretion of the classifying authority, be included under this class on grounds of character and antecedents.
(ii) Class “B” shall consist of prisoners who are not classified in Class “A”.
(iii) Notwithstanding anything contained in sub-rule(i), any person convicted of an offence involving gross indecency or exhibiting grave depravity of character may not be placed in Class “A”.”
4. It is beyond dispute that the convict had passed M.B.A. as well as B.L. He got enrolled in the year 1992 and he was a practising Lawyer. He is also an Income Tax assessee.
5. We are therefore satisfied that Rule 225(i) will clearly apply to this case. In this view of the matter, notwithstanding the vehement https://www.mhc.tn.gov.in/judis 3/5 4 W.P.(MD)NO.21860 OF 2024 opposition from the learned Additional Public Prosecutor, we set aside the impugned order. The petitioner's husband shall be granted “A” Class facility in prison. This writ petition stands allowed. No costs.
(G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.) 25th November 2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:
1. The Secretary to the Government, Home (Prison-5) Department, State of Tamil Nadu, Fort St. George, Chennai – 9.
2. The Director General of Prisons and Correctional Services, Chennai – 8.
3. The District Collector, Madurai District.
4. The Superintendent of Prison, Central Prison, Madurai.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 4/5 5 W.P.(MD)NO.21860 OF 2024 G.R.SWAMINATHAN,J.
AND R.POORNIMA, J.
PMU W.P.(MD)No.21860 of 2024 25.11.2024 https://www.mhc.tn.gov.in/judis 5/5