In a significant direction safeguarding the rights of undertrial prisoners, the Madras High Court has asked the Tamil Nadu Government and the Prison Department to grant temporary leave to undertrial prisoners for attending the funeral or burial of their close relatives without compelling them to obtain interim bail from the court.
“The Principal Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Fort St. George, Chennai and the Director General of Prisons and Correctional Services, Chennai are directed to grant temporary permissions to the under trial prisoners lodged in the prisons across the State of Tamil Nadu to attend the burial/funeral of their close relatives (as defined under the Tamil Nadu Suspension of Sentence Rules, 1982) without forcing them to get an interim bail from the Trial Court or High Court,” the Bench stated.
The Division Bench comprising Justice S.M. Subramaniam and Justice K. Rajasekar emphasized that such directions must be effectively communicated. The court directed the Principal Secretary to issue necessary circulars to all prison authorities, ensuring that the guidelines are implemented uniformly. It clarified that the temporary permissions could be granted by the Director General of Prisons and Correctional Services, the Inspector General of Prisons and Correctional Services, or the concerned Superintendent of Police, depending on the situation.
The court observed that the judicial process of obtaining interim bail was causing undue hardship, especially to prisoners from economically weaker backgrounds. It noted that such prisoners often struggle to arrange interim bail or approach the High Court on short notice when a family member dies.
“When the Suspension of Sentence Rules provides granting leave to the convicted prisoners, under trial prisoners are standing in a higher footing. They are not yet convicted and presumed to be innocent. While so, their basic rights need not be taken away and this Court is of the considered opinion that depriving the under trial prisoners to secure permission from the hands of the competent authorities amounts to discrimination, since the Prison Authorities themselves granting leave to attend the burial/funeral for the convicted prisoners,” the court stated.
The Bench strongly objected to the existing practice where convicted prisoners could receive temporary leave for funerals while undertrial prisoners were required to secure interim bail through court intervention. The judges noted that such differential treatment amounted to discrimination, especially since undertrial prisoners are presumed innocent until proven guilty.
The court also addressed the practical difficulties faced by undertrials. It pointed out that obtaining judicial permission during holidays could require the constitution of a special bench. In many cases, such permissions are not granted in time, infringing upon the basic rights of the prisoners.
The directions came while hearing a petition filed by Mrs. Sarikathu Nisha, the sister of an undertrial detainee booked under the Unlawful Activities (Prevention) Act (UAPA). The petitioner approached the High Court after the death of their mother on April 18, 2025. Although the information was conveyed to the jail authorities, she had to move the High Court because leave was granted only to convicted prisoners under the existing rules.
The court underlined the emotional and humane aspect of the issue, asserting that the right to attend the funeral of a loved one is a fundamental right that does not depend on a person’s legal status as convicted or undertrial.
“Granting temporary permission to prisoners to attend burials, funerals or even deathbed visits is not contrary to the aims of incarceration. Rather, it is an affirmation that prisoners or the detained persons remain members of that community to which they anticipate to return at the end of their sentences,” the court remarked.
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Recognizing the significance of family bonds and the dignity of the individual, the High Court stressed that attending the funeral of a close relative was not a privilege but a basic right that should not be denied. It reiterated that such humane treatment aligns with the rehabilitative objectives of incarceration.
To ensure immediate compliance, the Bench impleaded the Government of Tamil Nadu in the matter and directed the Director General of Police to permit the detainee in the present case to attend his mother’s burial, granting him temporary permission with necessary security arrangements.
Case Title: Mrs. Sarikathu Nisha v. The Superintendent of Prison and Others
Case No: W.P. No. 14244 of 2025
Counsel for Petitioner: Mr. A. Rajamohamed
Counsel for Respondents: Mr. R. Muniyappa Raj, Additional Public Prosecutor and Mr. R. Karthikeyan, Special Public Prosecutor [For NIA]
