JUDGMENT B.D. Agarwal, J. 1. A few Warders of Manipur Central Jail, under the umbrella of All Manipur Jail Executive and Followers Association, Imphal have filed this writ application seeking a writ in the nature of prohibition so as to direct the respondents not to utilize their services outside the Jail campus, more particularly, for the purpose of guarding the prisoner patients in civil or other hospitals. In other words, in the present writ petition, I am called upon to examine the nature of duties which can be done by the jail warders within the parameters of the Rules for Superintendence and Management of Jails. It may be mentioned here that rules framed by the State of Assam for this purpose have been adopted by the State of Manipur. 2. I have heard Shri Ch. Nickel, learned Counsel for the writ petitioners. The respondents were represented by Shrithis Court Nepolean, learned Addl. Govt. Advocate, I have also perused the pleadings and documents filed by both the parties. 3. It is the case of the writ petitioners that their duties have been defined in Chapter-XIII of Part-3 of the Assam Jail Rules and the warders cannot be employed for any other duty beyond, which has been provided in the said chapter of the rules. It was the submission of the learned Counsel for the petitioners that under Rule 570, it is duty of the Superintendent of Jail concerned to requisition police guards for the purpose of guarding prisoners of UTPs in the hospitals during the period of their treatment. However, according to the learned Counsel, the jail authorities are invariably depuling the warders for guarding the prisoners in the hospital, which is in violation of the law and these needs to be prohibited. 4. On the other hand, Shrithis Court Nepolean, learned Govt. Advocate submitted that Warders are not only subordinate staff, but this the best class of jail employees who are employed for the purpose of superintendence and management of jails. They have specific duty to guard the prisoners both inside and outside the jail campus and as such, such warders can also be deputed in hospitals during the period of medical treatment of prisoners. 5. They have specific duty to guard the prisoners both inside and outside the jail campus and as such, such warders can also be deputed in hospitals during the period of medical treatment of prisoners. 5. In the affidavit-in-opposition of the respondents, it has been admitted that the duties of warders have been specified under Rules 186-195 of the Assam Jail Manual, which has been extended to the State of Manipur. It has also been admitted that the Superintendent of Jail is also incumbent to arrange for police personnel for guarding the prisoners who are transferred to hospitals for medical treatment. The respondents have also admitted the fact that such warders are deputed to Government hospitals along with prisoners. For ready reference, the relevant statement of the respondents given in paragraph No. 6 can be reproduced below: 6. That, with regard to para No. 8 of the writ petition, I admit that warder of various ranks have been detailed to perform duty of Jawaharlal Nehru Hospital Porompat as per requisite strength where sick prisoners are admitted for medical treatment. Prisoner who require medical attention and needs to be admitted in Hospital are as per present arrangement of the Government admitted in J.N. Hospital, Porompat. Prisoners though admitted in the Hospital are still deemed to be under judicial custody and as such Jail staff (Warders) are detailed for performing duty including hand-cuffing of prisoners, if the need arises. This is in addition to the arrangement of posting of sufficient strength of armed police guard on requisition from Superintendent of Jail by the Imphal District Superintendent of Police. 6. During argument, the learned Govt. Advocate submitted that invariably armed police personnel are requisitioned for the purpose of guarding prisoners in the hospital. According to the learned Govt. Advocate, despite this arrangement, presence of warders in the hospital is necessary for the purpose of locking, hand-cuffing, safety and general look-after of the prisoners. According to the learned Govt. Advocate, these jobs cannot be done by police personnel of different agencies. In other words, it was the submission of the learned Govt. Advocate that custody of prisoners cannot be handed over to any other agency and to maintain this requirement of law, warders are deputed even in hospitals. 7. Since the controversy revolves around the interpretation of various provisions of the Rules, it would be apposite to give a cursory look at the relevant Rules. Advocate that custody of prisoners cannot be handed over to any other agency and to maintain this requirement of law, warders are deputed even in hospitals. 7. Since the controversy revolves around the interpretation of various provisions of the Rules, it would be apposite to give a cursory look at the relevant Rules. As mentioned earlier, the duties of warders have been set out from Sections 186 to 195. Rules 190 and 191 are most relevant. Rule 190 is extracted below in extenso. However, only Clause (l) and (m) of Rule 191 are extracted to, brevity of the judgment. 190. Assignment of duty to Warder-Every warder shall have a particular duty assigned to him by the Superintendent, Jailor or Head Warder, senior in rank, such as the charge of a particular ward or set of wards, of a particular workshop or set of workshops, or of a particular gang of prisoners inside or outside the jail. 191 Summary of duties of Warder-- (a) to (k) * * * (l) To examine the wards, cells bedding and clothing directly the prisoners have turned out, and to report at once any prohibited articles found; (m) To see that the cooks supply each prisoner with a proper amount of food, and that no food is secreted by the prisoners; to report the cooks whenever they neglect their work. 8. Rule 570 deals with the procedures for transfer of prisoners in hospitals for treatment purposes. It is also necessary to reproduce the relevant clause of the said rule for better appreciation of the point raised in this writ petition. The relevant portions of Rule 570 are quoted below: 570. Transfer for treatment in civil hospital-- (a) In urgent cases where the Superintendent of a Jail at district or sub-divisional headquarters considers that on account of dangerous illness requiring an emergent operation or special treatment which is not available in the Jail concerned, a convict or under trial prisoner should be transferred immediately to the civil hospital, he is authorized to do so, but should report his action immediately to Government through the District Magistrate and at the same time to the Inspector-General of Prisons. (b) If the case is not like to involve detention in the civil hospital for more than 48 hours, the Superintendent of the Jail concerned will arrange, if necessary, with the Deputy Commissioner, Sub-divisional Officer, or Extra Assistant Commissioner in charge (as the case may be) for a police guard from the time of the prisoner's removal from jail till his (or her) return. All expenses incurred by the hospital authorities will be borne by the Jail Department at the same rate as is charged for a police case, be reckoned as part of the sentence. (c) If the case is likely to involve detention in the civil hospital for more than 48 hours, the Superintendent will record a full statement of the case and forward it…. * * * 9. If we look at the language of Rule 190, it gives sufficient indication that prisoners have to be under direct supervision, surveillance and monitoring of warders, be they are inside or outside the jail. I can also take judicial notice of the fact that jail staffs always accompany prisoners while transporting them from jail for production before the judicial authorities, which are invariably outside the jail campus. The duty assigned to the warders under Rule 191 also shows that such warders have to look after the prisoners in all respects, including their behaviour, movement, ward conditions, clothing and food, etc. This supervision over the prisoners in the hospitals will not be possible without presence of jail staff/warders. 10. It is true that under Rule 570(b), services of police guards can be requisitioned even if the detention of prisoners in the hospital is for short period of 48 hours. Strangely, the rule is silent about such police guarding if the prisoner is detained in the hospital beyond 48 hours. However, by virtue of general rules of interpretation of law/statutes, it can be safely inferred that police guarding is necessary whether the period of detention in the hospital is shorter or longer. 11. At the same time, Clause (a) of Rule 570 deals with emergent situation. Under this provision, the Superintendent of Jail is permitted to shift the prisoners to civil hospital even without police guard, albeit with a report to the Government and Inspector General of Prisons. 11. At the same time, Clause (a) of Rule 570 deals with emergent situation. Under this provision, the Superintendent of Jail is permitted to shift the prisoners to civil hospital even without police guard, albeit with a report to the Government and Inspector General of Prisons. Hence, it can be said that Clause (a) is somewhat an exception to Clauses (b) and (c) of Rule 570, which requires deployment of police guard in every situation. In other words, it appears to me that Rule 570 also enables the Superintendent of Jail to depute warders to accompany the prisoners in hospital in emergency. 12. The writ petitioners have enclosed a few orders of temporary deputation of warders and other executive staff of the jail in Government hospital, I would also like to reproduce the language of one such orders marked as Annexure-A/4, which runs as follows: As the UTP patient Shri Thamzapao Haokip, S/o Thangkhomang has been admitted at RMC Hospital for treatment the following executive staffs are detailed to guard the UTP patient during his medical treatment. They should ensure the safety of the UTP by applying handcuff wherever necessary until further order. 13. I have already referred to Rule 190 hereinbefore wherein it has been clearly mentioned that the warders can be assigned duties by a superior officer to look after, inter alia, inmate wards or a particular group of prisoners inside or outside the jail. The rule nowhere authorizes the Superintendent of Jail to hand over the custody of the prisoner to police personnel, I am also of the considered view that Superintendent of Jail is virtually the guardian-ad-litem of UTPs and convicts. He can only delegate the powers of control and supervision over the prisoners to hi s subordinate officers referred to in the rules, like Jailor and warders and to no other person or authority. What is permitted under the 570 is to take old of police guard to assist the jail staff for the purpose of guarding such detenues in the hospital and for transportation of prisoners. However, I would hasten to add here that the entire responsibility of guarding prisoners in the hospital cannot be assigned to warders without providing police guard. This is not only the requirement of the Rule but it is also necessary in changed situation. However, I would hasten to add here that the entire responsibility of guarding prisoners in the hospital cannot be assigned to warders without providing police guard. This is not only the requirement of the Rule but it is also necessary in changed situation. With the aforesaid clarifications, regarding the import of various provisions relating to transportation and guarding of prisoners in the hospital, the writ petition stands disposed of.