Madras HC Closes Habeas Plea By Savukku Shankar's Mother, Directs Authorities To Consider Representation For Prison Change

The vacation bench of Justice AD Jagadish Chandira and Justice R Kalaimathi closed the plea and directed the authorities to consider Shankar's mother's representation to move him to a different prison.

The court had previously directed the Coimbatore DLSA to submit a report on Shankar's health. Following this, the Additional Public Prosecutor submitted the report and informed the court that Shankar had also been taken to the Coimbatore Government Medical College as per the instructions of the Judicial Magistrate.

The APP also stressed that Shankar had sustained the injuries before being locked in the prison and refuted the allegations of custodial torture.

Shankar was arrested by the Coimbatore police on May 4 based on a complaint by a woman journalist for making defamatory remarks against women police officers and was remanded to judicial custody till May 17. Shankar has been charged for offences under Sections 294 (b), 509, 354D and 506 of the IPC read with Section 4 of the Tamil Nadu Harassment of Woman (Prevention) Act and Section 67 of the Information Technology Act.

Shankar's mother claimed that Shankar had been brutally attacked by the police while in custody who had caused severe injuries resulting in fracture of the right hand. She further alleged that the prison authorities had also failed to provide adequate treatment which is a violation of his fundamental rights.

Senior Advocate John Sathyan, representing Shankar argued that there was a threat to Shankar's life, being lodged in the Coimbatore prison and urged to court to direct authorities to shift him to another prison.

Considering that the DLSA had already conducted inquiry on the violence, the court closed the plea and directed the authorities to consider the petitioner's representation to move him to a different prison.

Case Title: A Kamala v Home Secretary

Citation: 2024 LiveLaw (Mad) 192