Prisoner’s rights don’t part ways at jail gates: Madras High Court

Referring to Tamil Nadu Suspension of Sentence Rules, 1982, the bench noted that since these rules are not statutes but only subordinate legislation, they cannot abridge the constitutional powers.

Published: 22nd September 2023 06:44 AM  |   Last Updated: 22nd September 2023 06:49 AM   |  A+A-

Madras High Court

Madras High Court. (File photo)

By Express News Service

CHENNAI: A prisoner’s rights do not part ways at the jail gates, said the Madras High Court while granting 40 days ordinary leave for a life convict for arranging admission for his children in an educational institution and attending to repair works of his house.

The observations were made by a division bench of Justices M Sundar and R Sakthivel on the petition filed by Selvam, whose capital punishment was commuted to life, stating that he had gone on leave 15 times during 29 years of imprisonment and had returned without any untoward incident.

Hailing from Tirunelveli,  Selvam is currently lodged in Puzhal Central Prison. “We reiterate that a prisoner and his fundamental rights do not part ways at the prison gates and the right to education is indisputably a fundamental right,” the bench said.

It ordered a grant of ordinary leave for 40 days to the petitioner and directed him to utilise the leave only for arranging his children’s admission to engineering colleges and repair work of his homestead and not to partake in any other activities.

Referring to Tamil Nadu Suspension of Sentence Rules, 1982, the bench noted that since these rules are not statutes but only subordinate legislation, they cannot abridge the constitutional powers of the court.

Stop OPS from using AIADMK symbol, says EPS; HC seeks reply

The Madras High Court on Thursday ordered notice to expel AIADMK leader O Panneerselvam on a petition filed by AIADMK general secretary Edappadi K Palaniswami seeking to restrain him from claiming to be the coordinator and using the party’s flag, symbol, and letterhead. 

Ordering notice, Justice RN Manjula directed Panneerselvam to file the counter-affidavit by October 6 as senior counsel PH Arvindh Pandian sought time to respond to the petition of Palaniswami.

Saying that OPS was expelled from the party in 2022 and multiple litigations he moved had failed to fetch him any relief from the courts concerned, senior counsel Vijay Narayan, representing Palaniswami, said he, however, has been using the party’s flag, symbol, letterhead and is still claiming to be the coordinator.

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