Madras High Court orders probe into prison authorities using police personnel for household chores

The Madras High Court recently directed the Tamil Nadu government to conduct a probe to “identify" and "take action” against officials of the prison department who deploy police personnel at their residences for personal and domestic work.

A Bench of Justices SM Subramaniam and M Jothiraman directed the additional chief secretary and the principal secretary of the State Home and Excise department to take the assistance of the CBCID and the intelligence wing in such probe and take action against the erring officials within the next “three weeks.”

In its order passed on November 6, the Court also reminded all government officials and the State prison authorities in particular that the “orderly system” had long been prohibited and that those still engaging in the colonial practice were acting in breach of law.

Such officers were not only committing unconstitutionality but also committing an offence against the public making them liable to be prosecuted under the law, the Court said.

“Even after several instructions and/or orders from this Court, the practice of deploying the uniformed personnel in the residences of higher police authorities and prison authorities are not completely washed away. Therefore, stringent actions are required to be taken by the Government so as to ensure that the public servants are utilised only for the welfare of the public and not to perform household works in the residences of the authorities,” the High Court said.

The Court was hearing a petition filed by one Sujatha highlighting the poor infrastructure, dismal hygiene conditions and lack of adequate police personnel and guards at the Puzhal Central Prison in Chennai.

The petitioner had also told the Court that the model prison manual for the State mandated one guard for every six prisoners.

Accordingly, in the Central Prison, 203 prison warders’ posts were sanctioned as per which 60 police guards were to be deployed during each of the three shifts.

But in reality, only 15 guards were available per shift as the rest of the police personnel were deployed by the prison authorities such as the “DGP, IG, Jailer” etc for domestic work at their residences.

Advocates M Radha Krishnan and P Pugalenthi appeared for Sujatha.

Additional Public Prosecutor R Muniyapparaj appeared for the State.

[Read Order]