Even Kasab had rights, says Madras HC; directs Chennai jail officials to provide basic facilities to terror accused

CHENNAI: The Madras High Court ordered the Puzhal prison authorities to provide books to remand prisoner and Muslim fundamentalist 'Police' Fakrudeen, as he pursues education, along with other rights he is entitled to per prison manual, noting that even key terrorist in the 2008 Mumbai attack Ajmal Kasab was provided with the rights he was entitled to.

'Police' Fakrudeen, booked in murder cases of several leaders of Hindu organisations allegedly, was produced before a division bench of Justice SM Subramaniam and Justice M Jothiraman, as per the court's direction.

The bench inquired with the remand prisoner regarding his allegation that jail authorities physically attacked him and did not provide basic facilities.

He claimed that he filed a case against the prison officials for suspending prison canteen services.

Fakrudeen cried before the bench, alleging the jail authorities acted vindictively as he moved the HC. He was refused basic facilities, including washing soap and newspapers.

He contended that despite being enrolled in a Bachelor of Arts course in political science, the authorities have denied academic books, and he has been lodged in solitary confinement.

He also sought a transfer to Madurai prison through his advocate, S Nadhiya, as he has been confined for over 11 years, and his mother's health is deteriorating.

The bench questioned why the trials against Fakrudeen were incomplete even after 11 years. The prisoner submitted that the government was not providing him with proper legal aid to represent his case. "The advocates assigned to him were not practising cases under the Unlawful Activities (Prevention) Act (UAPA). Hence, the trial is not advancing further," he contended and sought to appoint an advocate of his choice through legal aid.

The bench directed the Puzhal prison authorities to provide books and other facilities to Fakrudeen and not to disturb him further. The bench also directed them to submit instructions from the prison authority on whether Fakrudeen is entitled to a leave for three days to meet his mother and also directed him to file a response regarding Fakrudeen's request for the appointment of an advocate of his choice through legal aid. The matter was posted to January 29 for further proceedings.