Review prisoner escort rules: HC to TN Govt

The Madras High Court has directed the Tamil Nadu government to constitute a committee to revisit the rules governing police escort of prisoners during transit as these have become archaic and are unworkable.

A division bench comprising justices S Nagamuthu and V Bharathidasan gave the direction while setting aside the conviction and life sentence to police head constable R Murugesan in connection with the killing of an undertrial prisoner Dhanasekaran in 2009.

It allowed an appeal by the head constable challenging his conviction by a court in Tiruvallur on April 29, 2015.

The prosecution's case was that Dhanasekaran had allegedly murdered the head constable's mother. Murugesan took revenge by shooting dead the prisoner while escorting him to a court in a van in connection with the case on July 9, 2009.
 

Rejecting the charge, Murugesan submitted that Dhanasekaran tried to snatch the loaded rifle he was carrying. In the melee, it accidentally fired killing the prisoner.

The high court held that the prosecution failed to prove the case beyond reasonable doubt. It said there were also many lapses in the investigation.

In its order, the bench observed that the provision relating to escorts for transporting undertrial prisoners under the Prisoners (Attendance in Court) Act, 1955 and two other Government Orders (GOs), were more than 60 years old. They have become outmoded and ineffective with passage of time.

It said the rules relating to travel by train, amidst other passengers, including women and children, handcuffing and the ratio of escort personnel vis-a-vis the number of those that they are escorting, were not workable.

These rules had been framed more than 62 years ago and now struggled to serve their purpose, the court said, adding "therefore, it is high time that the state government should have a relook at these rules and put in place new rules."

The bench directed the government to form a committee comprising Director General of Police, Inspector General of Prisons, Commissioner of Police and the Public Prosecutor to make a thorough study of the matter and submit a report to frame appropriate rules to govern escort of prisoners.