Review prisoner escort rules: HC to TN Govt

Chennai, Aug 20 (PTI) The Madras High Court has directedthe Tamil Nadu government to constitute a committee to revisitthe rules governing police escort of prisoners during transitas these have become archaic and are unworkable. A division bench comprising justices S Nagamuthu and VBharathidasan gave the direction while setting aside theconviction and life sentence to police head constable RMurugesan in connection with the killing of an undertrialprisoner Dhanasekaran in 2009. It allowed an appeal by the head constable challenginghis conviction by a court in Tiruvallur on April 29, 2015. The prosecution’s case was that Dhanasekaran hadallegedly murdered the head constable’s mother. Murugesan tookrevenge by shooting dead the prisoner while escorting him to acourt in a van in connection with the case on July 9, 2009. Rejecting the charge, Murugesan submitted thatDhanasekaran 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 provethe case beyond reasonable doubt. It said there were alsomany lapses in the investigation. In its order, the bench observed that the provisionrelating to escorts for transporting undertrial prisonersunder the Prisoners (Attendance in Court) Act, 1955 and twoother Government Orders (GOs), were more than 60 years old.They have become outmoded and ineffective with passage oftime. It said the rules relating to travel by train, amidstother passengers, including women and children, handcuffingand the ratio of escort personnel vis-a-vis the number ofthose that they are escorting, were not workable. These rules had been framed more than 62 years ago andnow struggled to serve their purpose, the court said, adding"therefore, it is high time that the state government shouldhave a relook at these rules and put in place new rules." The bench directed the government to form a committeecomprising Director General of Police, Inspector General ofPrisons, Commissioner of Police and the Public Prosecutor tomake a thorough study of the matter and submit a report toframe appropriate rules to govern escort of prisoners. PTICORR VGN VSSKMVV