MADURAI: Shocked to find that a man with chronic mental illness has been languishing in jail for the past 10 years despite being acquitted in a murder case in 2016, the Madurai Bench of the Madras High Court has directed the state government to form a team to inspect all prisons in Tamil Nadu to ascertain if any other person with mental illness continues to languish in jail even after being acquitted or receiving a sentence.
A bench of justices N Anand Venkatesh and K K Ramakrishnan gave the direction on Friday, on a petition filed by P Chinnadurai (55) of Ariyalur, seeking release of his brother Sathanantham (48).
Chinnadurai claimed that Sathanantham, who has schizophrenia, was arrested by Keelapalur police on charges of murdering their mother during a quarrel on January 13, 2016. But, after ascertaining his mental status, the fast track mahila court in Ariyalur, which conducted trial in the case, came to a conclusion that Sathanantham suffered from a chronic mental health condition and therefore, acquitted him from all charges on September 28, 2016.
The trial court further directed that Sathanantham should be lodged in the Tiruchy central prison until the state government decided to deliver him to any of his friends or relatives. Since then, Sathanantham has remained in jail even after a lapse of 10 years. Subsequently, Chinnadurai moved the HC seeking direction for his release.
Hearing his plea, the judges said this was the height of violation of Article 21 of the Constitution. “If the person is really suffering from a chronic mental health condition, to ensure his protection and the interest of society, he has to be placed in a mental health institute and can never be detained in a jail,” the judges observed.
They further held that Sathanantham’s detention amounted to 10 years of illegal custody and warranted payment of compensation. The judges said it would be decided after hearing the government counsel and adjourned the case to June 22.
The judges also directed the home secretary (prison-IV) and the DGP (prisons) to constitute a team with the help of the legal services authority to inspect all TN prisons to ascertain if any similarly placed persons are languishing in jail and file a report at the next hearing.
Chinnadurai’s petition revealed that after the trial was over, Sathanantham was sent to the Kilpauk Mental Health Institute, which discharged him in January 2017 by advising regular follow-up at the psychiatric department of Tiruchy Government Hospital.
In July 2024, the Mental Health Review Board, Tiruchy, had taken note of the trial court’s direction regarding his release and suggested that Sathanantham may be sent to a residential home for six months before any further decision is taken.
Stating that his brother has been living in the prison and the mental health institute since 2016 and has recovered now, Chinnadurai said he and his family members are ready to take care of him.
