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Interaction Between Prisoner And Their Spouse Should Be Unmonitored, Madras High Court while Reading Out Prison Rules

Team SoOLEGAL 29 May 2019 4:00pm

Interaction Between Prisoner And Their Spouse Should Be Unmonitored, Madras High Court while Reading Out Prison Rules

The Madurai bench of the Madras High Court read out the Rule 531(2) of the Tamil Nadu Prison Rules, which states that every interview with a convicted prisoner shall take place in presence of an prison officer. The Court stated that this rule can’t be applied in such meetings between the spouses.

"Unless it is so read down, the right to dignity inhering in the prisoner and his spouse would certainly be infringed, When a prisoner meets his wife, he may like to hold her hands. His emotions are bound to be find a physical expression. While private prison cottages may be a distant prospect, the privacy and dignity of the prisoners should be scrupulously protected. Conversations between prisoner and his spouse should be unmonitored", the judgment stated.

The Court was hearing a writ petition which was filed by Rahmath Nisha requesting permission for her brother Mohammad Shalin to meet his sick wife who was hospitalized. Shalin was prosecuted by NIA Special Court Chennai in a bomb blast case. Though the NIA court allowed the application, by the time he reached his house, his wife was taken to hospital. The escorting police refused to take him to the hospital by saying that Court had only allowed him to meet his wife at home.

However, the writ petition filed in High Court by Shalin's sibling, stating that his wife's health situation was worsening, Prosecution opposed the application by saying that Shalin is an accused in a terrorism case for supplying bombs.

"Mohamed Shalin is no doubt a prisoner but he is a person too", Justice Swaminthanan said. Referring to the 2016 Supreme Court decision on the rights of prisoners, the Court said that right to life and dignity is not only confined to "good people" but was available to "prisoners, murderers and even traitors".

"A prisoner is also entitled to the expansive interpretation of the term "life" occurring in Article 21 to the extent the context permits. Incarceration or conviction does not reduce the prisoner into a non person", said the Court.

The Court also referred the judgment of Punjab and Haryana High Court which held that prisoners has the right to reproduce and this right is traceable to right to life under Article 21 of the Constitution of India. Reference was made to Section 122 of the Indian Evidence Act, which deals with the prerogative nature of communication between the spouses, in view to reject the contentions of the prosecution that such meeting can only take place in the presence of escort police.

The petition was disposed of by allowing Shalin to spend time with his wife at the hospital from 10 AM to 5 PM on May 29. The escorting police was directed to respect the privacy of the prisoner and his wife.



Tagged: madaraashighcourt   prisonrules   convictedprisoner  
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