Madras High Court Orders CBCID Inquiry Into Allegations Of Harassment, Use Of Convicted Prisoners In Residence Of Jail Authorities

The bench of Justice SM Subramaniam and Justice V Sivagnanam directed an investigation after going through a report of the Vellore Chief Judicial Magistrate in which the Magistrate informed the court that the prisoners were harassed and tortured in jail and were illegally utilized in the residence of the jail authorities.

Noting that the report “shocked the conscience of the court”, the bench observed that the accused officers had not only violated the service conditions but also indulged in the commission of offenses. The court added that these were serious allegations that required detailed investigation.

“We have gone through the report in entirety and it is shocking to our conscience. Serious allegations are raised against the prison authorities which require a detailed enquiry. It is not only a case of violation of the Prison Manual, but a case of harassment/torture of the convict prisoner inside the prison. Illegal utilisation of convict prisoners in the residences of the jail authorities are also stated in the report. They have not only violated the service conditions, but indulged in commission of offences,” the court observed.

The court was hearing a plea filed by Kalavathi for directing the State, the Director General of Police, and the Deputy Inspector General of Prisons to give proper medical treatment to her son, Sivakumar, who was lodged in the Vellore Central Prison.

Kalavathi submitted that her son was sentenced to imprisonment for life. She informed the court that the prison wardens had made false allegations against her son, accusing him of stealing money, jewelry, and other articles from the house of DIG of Prisons. She further informed the court that the prison authorities had assaulted her son and kept him in solitary confinement. She added that her son's life was in danger at the hands of the prison authorities.

Since serious allegations were raised, the court directed the Chief Judicial Magistrate, Vellore to meet Sivakumar, conduct an inquiry and record his statements regarding the allegations made. Following the court directions, the Magistrate submitted his detailed report in which he made the shocking revelations.

Noting the seriousness of the issue, the court said that it would monitor the actions initiated by the competent authorities and the Government to ensure that the convicted prisoner's right to life and other rights are protected.

“Since the allegations require further considerations and it is just and necessary to monitor the actions initiated by the competent authorities and the Government, we are inclined to monitor the present case in the interest of justice and to ensure that the convict prisoners' right to life and other rights conferred under the law are protected,” the court said.

The court directed a CBCID inquiry based on the report. The court also asked the registry to communicate the Magistrate's report to the Director General of Prisons and Correctional Service and the Superintendent of Police CBCID. The court directed the Director General of Prisons to examine the contents of the report and initiate all departmental actin against the erring officials under the relevant Acts and Rules.

The court also directed Sivakumar to be transferred from Vellore Central Prison to Salem Central Prison. The court also directed the Superintendent of Prison, Salem Central Prison to provide all necessary medical treatment to Sivakumar and if necessary, admit him to a hospital.

Case Title: S Kalavathi v State and Others

Case No: WP 19668 of 2024