Madras HC directive to Pondy Govt on prison rules

Chennai, Nov 6 (UNI) Madras High Court today ordered the Puducherry Administration to amend prison rules contrary to Supreme Court directives and guidelines as well as affecting basic rights of prisoners.

It also asked the government to fully implement and follow apex court directives in two cases to help prisoners enjoy basic rights guaranteed by the Constitution and also provide minimum sanitation facilities in the prison in the Union Territory.

A Division Bench comprising Mr Justice P Sathasivam and Mr Justice S Tamilvanan gave the directions on a letter dated February 10, 2005 from P Bharathi, a life convict in a murder case, who listed problems faced by inmates including lack of minimum sanitary provisions.

The letter was treated suo motu as a Public Interest Litigation.

Disposing of the PIL, the Bench said right to life was one of the basic human rights and a prisoner did not cease to be a human being.

Only his liberty was deprived on being convicted and he continued to enjoy all fundamental rights even if he was in prison.

It asked the administration to amend the prison rules in consistent to Supreme Court directives/guidelines as well as affecting the basic rights of the prisoners, particularly Rules 382 and 383.

Pending amendment to the rules, it directed provision of Indian Water Closet Pan with water connections in all cells.

The Bench ordered jail authorities to allow visits by relatives and family members in confirmity with Puducherry Prison Rules.

The court said all basic amenities, including toilets, should be provided inside the cell and outside within the jail premises at the new modern Central Prison under construction at Kalapet Village.

UNI XR GM VD BST1908