Prison authorities must protect the rights of prisoners: Madras HC

CHENNAI: The authorities’ failure to perform statutory obligations of disposing of the ordinary leave representations of prisoners, should be construed as negligence warranting disciplinary action, stated the Madras High Court.

The prison authorities should protect the rights of the prisoners, wrote a division bench of Justice SM Subramaniam and Justice V Sivagnanam while granting ordinary leave to a prisoner, though the petition has been filed even before the expiry period of the representation filed before the prison authorities.

The authorities should follow the Tamil Nadu Suspension of Sentence Rules of 1982 to avoid unnecessary delays while disposing of the ordinary leave petitions moved by prisoners or their relatives because the rights of the prisoners should not be denied, wrote the bench.

Authorities failing in their duties to perform the statutory obligations are to be viewed seriously and such lapses are to be construed as official lapses, dereliction of duty, and negligence warranting disciplinary action against the officials concerned, wrote the bench.

The HC need not entertain the practice of filing a writ petition even before the expiry of the statutory period of 28 days, the bench added.

The petition was moved by Usha seeking to grant 28 days of ordinary leave to her husband Karthi, who is confined in the Vellore prison.

The bench allowed the plea though the statutory period of 28 days to process the representation had not expired and granted 21 days of ordinary leave to the petitioner's husband.