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HC dismisses MDMK cadre's jail transfer plea

By Our Staff Reporter

CHENNAI FEB. 7 . The Madras High Court today dismissed a petition from an MDMK functionary and Prevention of Terrorism Act detenu, Nagarajan, seeking to transfer him from the Tiruchi Central Prison to Madurai jail.

Mr. Nagarajan, who was arrested along with seven of his partymen under the POTA on July 9, 2002, moved the court after the Additional Director-General of Prisons rejected his plea.

In the present petition, the MDMK cadre said his mother was suffering from cancer of the bone and was unable to visit him as she had to travel to Tiruchi from Tirumangalam near Madurai.

His counsel submitted though he had been lodged at the Madurai prison he was transferred to Tiruchi on the ground that there was no security block available to house the POTA detenues.

The Public Prosecutor, citing the Tamil Nadu Prison Manual and the Classification of Prisons, contended that the petitioner had to be shifted to Tiruchi as the Madurai jail, which was supposed have 1,252 inmates, had more than 2,300 prisoners as on July 10, 2002 when the decision to shift Mr. Nagarajan to Tiruchi was taken. Also, the lone security block available at Madurai was occupied by about 35 militant prisoners.

"Rule 820 of the Tamil Nadu Prison Manual, Volume II, enables the prison authorities to transfer the prisoners to various prisons, taking note of safety and security to the life of the prisoners", he said.

Justice P. Sathasivam, citing the submission that Mr. Nagarajan had been permitted to meet his visitors 57 times during his confinement, said: "It is clear that the petitioner was not denied any facility for interview and the contrary allegation made in the affidavit is baseless".

As for the inability of his mother's visit, the judge said, "when she is immobilised, she may not be in a position to visit the petitioner wherever he is detained".

He then dismissed the petition stating that it was not based on valid reasons.

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