Madras High Court
Veera Bharathi vs The State Of Tamil Nadu on 4 January, 2023
Author: P.N.Prakash
Bench: P.N.Prakash, N.Anand Venkatesh
Writ Petition No.31766 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2023
Coram
THE HONOURABLE MR. JUSTICE P.N.PRAKASH
and
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Writ Petition No.31766 of 2022
Veera Bharathi
S/o.Ponniah ... Petitioner
Vs.
The State of Tamil Nadu
Rep. by the Superintendent,
Central Prison – I,
Puzhal, Chennai – 600 006. ... Respondent
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Mandamus directing the respondent to provide
the petitioner namely Veera Bharathi, S/o.Ponniah L.Ct.No.7209 the access
to a computer and printer inside the prison campus in order to effectively
prepare the Appeal Petition against the final order dated 30.11.2021 passed
by the Madurai Bench of Madras High Court in W.P.(MD)No.15727 of
2021, whereby his prayer for premature release has been rejected.
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https://www.mhc.tn.gov.in/judis
Writ Petition No.31766 of 2022
For Petitioner : Mr.D.Mario Johnson
For Respondent : Mr.R.Muniyapparaj
Additional Public Prosecutor
*****
ORDER
[Made by P.N.PRAKASH, J.] Seeking access to a computer and printer inside the prison campus to effectively prepare an appeal, this writ petition has been filed by the petitioner herein, who is a convict prisoner, undergoing life sentence in the Central Prison, Puzhal.
2. The learned counsel for the petitioner submitted that the petitioner gave a representation dated 07.12.2021 to the prison authorities seeking the aforesaid facility, however, since the facility was not granted by them, he has approached this Court.
3. The learned counsel for the petitioner placed strong reliance on the order of this Court in Dr.L.Prakash vs. The Superintendent, Puzhal Central Prison-1, Puzhal, Chennai [HCP No.486 of 2008, dated 2/6 https://www.mhc.tn.gov.in/judis Writ Petition No.31766 of 2022 23.07.2008]. Wherein Para 24 it is stated as under:
"24. In our considered opinion the petitioner is not entitled to possess either laptop computer or desk top personal computer with word processor facility or any other accessories attached to the same of his own in the cell where he is presently lodged. Nevertheless, his right to get education, acquire knowledge and enrich himself in the medical field and the modern medical facilities cannot be curtailed. In these circumstances, it would only be proper to direct the Superintendent of Central Prison, Puzhal, Chennai to allow the petitioner to use any one of the Computers already available in the prison for the use of the petitioner and he shall prescribe the timings for such usage. Further, the Superintendent of Central Prison and the person or persons authorized by him on his behalf shall supervise and monitor as to the fact, whether the petitioner uses the computer only for the purpose for which the petitioner has approached this Court viz., to write books or to enrich himself in the medical field at the time when he is at work in the computer. The above directions would endure to the entitlement of the detenue only in the event the computers are not used for training for the other inmates of the prison. With these observations, this habeas corpus petition is disposed of."
4. Heard learned Additional Public Prosecutor appearing on behalf of 3/6 https://www.mhc.tn.gov.in/judis Writ Petition No.31766 of 2022 the respondent.
5. We perused the representation dated 07.12.2021 and we find it to be too bald for the prison authorities to act upon it. In response to this, the learned counsel for the petitioner submitted that, in the affidavit before this Court, the petitioner has disclosed all the materials and details and prayed for accepting the reasons given in the affidavit for the said facility.
6. In our considered opinion, we cannot step into the shoes of the prison authorities and decide on the merits of the petitioner's contentions.
Maintenance of discipline is the exclusive prerogative of prison authorities, over which, this Court can have no say. Since we find that the representation dated 07.12.2021 is inadequate, we grant liberty to the petitioner to submit a detailed representation to the prison authorities. On such representation being given, the same shall be considered in accordance with the Extant Prison Rules.
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7. We make it clear that we are not giving any positive direction to the prison authorities to grant the facility sought by the petitioner, since granting of such a facility may lead to other prisoners demanding similar facilities and thereby impairing the day-to-day administration of the prison.
Accordingly, this writ petition stands disposed of. No costs.
[PNP, J.] [NAV, J.]
04.01.2023
Index: Yes/No
gm/ssr
To
1.The Superintendent,
Central Prison – I, Puzhal, Chennai – 600 006
2.The Public Prosecutor, High Court, Madras.
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and N.ANAND VENKATESH, J.
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