In the High Court of Judicature at Madras
Dated: 18/03/2003
Coram
The Hon'ble Mr. Justice P. SATHASIVAM
Writ Petition Petition No.8370 of 2003
and
W.P.M.P.Nos.10715 & 10716 of 2003
Shanmugam .. Petitioner
-Vs-
1. The State of Tamil Nadu
rep. by Secretary to
Government Home (Prison)
Department, Fort St. George
Chennai 600 009.
2. The Inspector General of Prisons
Gandhi Irvin Road
Egmore, Chennai 600 008.
3. The Superintendent
Central Prison, Vellore. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for issuance of writ of certiorari as stated therein.
For petitioner : Mr. Conscious Ilango
For respondents : Mr. S. Venkatesh
Addl. Govt., Pleader
:ORDER
The petitioner, a prisoner sentenced to imprisonment for life
in Crime No.80 of 1996 registered under Section 302 of the Indian Penal code
on the file of Porur Police Station, Dharmapuri District has filed the above
writ petition, questioning the G.O.Ms.No.683 Home ( Prisons-5) Department
dated 05.08.2002 of the Government of Tamil Nadu prohibiting the use of
tobacco in any form in prisons by the prisoners.
2. On direction, learned Additional Government Pleader takes
notice for the respondents.
3. According to the petitioner, during the pre-conviction
stage and after the conviction when lodged at Central Prison, Vellore, he had
been allowed to smoke beedies purchased at his own costs. The prisoners are
allowed to smoke within the cells and dormitories. But, suddenly, on and
after first week of January,2003, the prisoners inside the prison are not
allowed to purchase beedies and prevented from smoking. On enquiry, he came
to know that the Government of Tamil Nadu has passed the impugned order in
G.O.Ms.No.683 Home (Prisons 5) Department dated 05.08.2002, making amendments
to the Tamil Nadu Prison Rules, 1983, totally prohibiting the use of tobacco
in any form by the prisoners.
4. The learned counsel for the petitioner, after taking me
through the impugned Government Order would contend that the same is
arbitrary, illegal and unreasonable. He also contended that without any
concrete material regarding ‘fire accident’ or ‘misuse’, the Government is not
justified in imposing total ban of use of tobacco in any form. I am unable to
accept both the contentions for the following reasons.
5. It is seen that as per Rule 227 of the Tamil Nadu Prison
Rules, 1983, the prisoners are ordinarily be allowed to smoke within the Cells
or the Dormitories. As per Rule 456, the prisoners working in prison
industries were given beedies as task beedies. It is further seen that in
order to avoid discrimination among the smokers and the non-smokers, the
Government, in G.O.Ms.No.1492 Home dated 13.06.1986, have abolished the task
beedies and paid three paise per day for the prisoners as compensation. It is
further seen that as per Rule 481 (2), the prisoners are permitted to purchase
tobacco, cigarette etc., for their use. While so, the Inspector General of
Prisons in his letter dated 02.05.2000 and 03.02.2002, informed the Government
that the prison being a security area, allowing smoking inside the prison may
give rise to ‘fire accident’, ‘misuse of fire’ etc., In his letter, the
Inspector General of Prisons has also stated that at present so many welfare
programs, such as higher education, vocational training, computer education,
yoga, meditation etc., are being conducted in prisons to rehabilitate the
prisoners, which help them to get over their mental worries. Among the
welfare programs, it is highlighted that the yoga and meditation programs,
which are now being conducted in prisons, will strengthen the mental power of
the prisoners and may in turn help them to give up the habit of smoking.
Citing all these welfare programs being followed in prisons, the Inspector
General of Prisons is of the opinion that the banning of smoking in prison may
not affect the mental health of the habitual smokers. The Inspector General
of Prisons has also requested the Government that the use of tobacco in any
form by the prisoners in prison is to be prohibited, accordingly, he requested
the Government to ban the use of tobacco in any form in prisons by the
prisoners and staff. The Government considered the above proposal of the
Inspector General of Prisons, accepted the same and passed the impugned order
prohibiting the use of tobacco in any form in prisons by the prisoners.
Following the said order, necessary notification was also issued amending the
Tamil Nadu Prison Rules, 1983.
6. Though it is stated that the impugned order of the
Government banning the use of tobacco in any form is arbitrary, illegal and
unreasonable, first of all the same has not been substantiated and are liable
to be rejected. Before passing the impugned order, it is to be noted that
taking note of various aspects including the fact that allowing smoking inside
the prison may give rise to ‘fire accident’ or likely to be ‘misused’, the
competent authority, namely, the Inspector General of Prisons sent a report to
the Government and the same was considered and accepted by the Government and
amended the Tamil Nadu Prison Rules, 1983. The said move cannot be
characterised as either illegal, unreasonable or arbitrary. On the other
hand, the Government is fully justified in banning the use of tobacco in any
form in prisons by the prisoners, including the staff. Though it is stated
that because of his habit he is unable to give up the smoking, in the light of
the fact that several welfare programs including yoga and meditation programs
are being conducted in prisons in an organised manner, as stated in the
Government Order, the banning of smoking in prison may not affect the mental
health of the habitual smokers, accordingly, I reject all the contentions
raised by the learned counsel for the petitioner.
I am satisfied that the present order of the Government,
banning the use of tobacco in any form in prisons by the prisoners and staff
is a right decision and the same cannot be interfered by this Court.
Accordingly, the writ petition fails and the same is dismissed. No costs.
Consequently, connected WPMPs., are also dismissed.
Index:Yes
Internet:Yes
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To
1. The Secretary to
Government
State of Tamil Nadu
Home (Prison) Department,
Fort St. George
Chennai 600 009.
2. The Inspector General of Prisons
Gandhi Irvin Road
Egmore, Chennai 600 008.
3. The Superintendent
Central Prison, Vellore.