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2010 DIGILAW 2507 (MAD)

A. K. Ramasamy v. The State of Tamil Nadu Represented by its Home Secretary Chennai

2010-06-23

M.CHOCKALINGAM, M.DURAISWAMY

body2010
Judgment :- M.CHOCKALINGAM, J. 1. This writ petition is brought forth by Mr.A.K.Ramasamy, the Secretary of the Madurai Bar Association, representing the legal fraternity since it was filed on the caption "Public Interest Litigation". 2. The affidavit in support of the petition is perused. The Court heard the petitioner, who appeared in person. 3. On the last occasion, after taking this petition on file, the Court made an order after hearing the petitioner and also the learned Special Government Pleader, calling for reports from the Superintendent of Central Prison, Madurai, and also from the Dean, Government Rajaji Hospital, Madurai, as to the health condition of the Advocates who are taken to custody on judicial remand pursuant to their arrest at the time of fasting in the Court premises. Now, the reports are received this day. 4. As could be seen from the averments in the petition, it is for the purpose of issuing a direction to the respondents to provide adequate medical treatment to the lawyers if necessary with medical experts, and also for appointment of a Commission consisting of lawyers to visit them. 5. The reports received from both the Dean, Government Rajaji Hospital, Madurai, and the Superintendent of Central Prison, Madurai, are perused, from which the health condition of the six Advocates is noticed. It is seen from the report of the Dean that the general conditions of Mr.Natarajan, Mr.Raja, Mr.Bagath Singh, Mr.Vijaya Bharathi and Mr.Rajendran, who are admitted in Ward No.111, Government Rajaji Hospital, Madurai, are found to be fair. It is also mentioned that all the above patients renal parameters are within normal limits; that their urinary output is normal; and that as on today, their renal condition is stable. It is also further noted that though five lawyers are admitted in the Convict Ward 111, they are on hunger striking for starvation in a dangerously ill-condition, and they do not submit themselves for any treatment, and their condition may deteriorate further in which case on medical grounds, necessity may arise to force the necessary treatment. 6. From the report filed by the Superintendent of Central Prison by way of counter, it could be seen that Mr.Ramasamy, the petitioner herein, though sought for permission to interview the fasting prisoners, he was not permitted to interview them. 6. From the report filed by the Superintendent of Central Prison by way of counter, it could be seen that Mr.Ramasamy, the petitioner herein, though sought for permission to interview the fasting prisoners, he was not permitted to interview them. In such circumstances, now the request is made by the petitioner for the purpose of persuading his colleagues namely Advocates, who are in custody to stop fasting, and also to undergo the medical treatment which they need immediately. 7. The Court heard the learned Special Government Pleader also. 8. It is not in controversy that though the said six Advocates were arrested when they were continuing their fasting inside the Court premises after a case was registered against them on the relevant provisions of law, from the reports received, it would be quite clear that out of the six persons, four are continuing fasting, and all six are refusing to take medical treatment. It is also noticed from the reports that if such a situation continues, their health may further deteriorate, and there may be an occasion to force them to take treatment. After looking into the circumstances attendant, this Court is of the considered opinion that a Commission consisting of the representatives from the lawyers side and also from the Courts side, could be appointed in order to ease the situation. It remains to be stated that the petitioner Mr.Ramasamy, the Secretary of the Madurai Bar Association, would also represent that the visit is with the sole object of persuading them to stop fasting and also to cooperate for the treatment. 9. Under the circumstances, a Commission consisting of five members namely (1) Mr.A.K.Ramasamy, Secretary, Madurai Bar Association; (2) Mr.T.Lajapathi Roy, Advocate, attached to the High Court; (3) Mr.M.Subash Babu, President, Madurai Bench High Court Advocates Association; (4) Mr.N.Seshasayee, Registrar (Judicial), Madurai Bench of Madras High Court, and (5) Mr.N.Retnaraj, Principal District Judge, Madurai, is appointed. The Commission is permitted to carry this order and hand over to the Superintendent of Central Prison, Madurai, who in turn allow them to meet the six Advocates. 10. The Commission is permitted to carry this order and hand over to the Superintendent of Central Prison, Madurai, who in turn allow them to meet the six Advocates. 10. Accordingly, the Commission is permitted to visit Mr.Ezhilarasan, Advocate, who is in prison, and the other five Advocates who are admitted in the Government Rajaji Hospital, Madurai, today i.e., 23.06.2010 at 5.00 p.m. The Superintendent of Central Prison, Madurai, is directed to take Mr.Ezhilarasan, Advocate, from the Central Prison, to the Government Rajaji Hospital, Madurai, with necessary security enabling the Commission to meet all the six Advocates together at the Government Rajaji Hospital. It is also made clear that all the five Members of the Commission should be present at the time of visiting the Advocates since the object of the Commission is to persuade them who are on fasting, to stop fasting and also to cooperate for the medical treatment. 11. Both the Superintendent of Central Prison and also the Dean of Government Rajaji Hospital, Madurai, should give necessary and effective treatment to all the six persons which they would require to restore the normal health condition, and also all the six should cooperate for the treatment so given. 12. Accordingly, this writ petition and the connected miscellaneous petition are disposed of. No costs.