Case Note & Summary
The petitioner, M.Depalakshmi, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to direct the respondents to consider her representations dated 27.12.2024 and 17.01.2025 and to provide A class privileges to her husband, Senthilkumar @ Mudikondan, a life convict confined in Central Prison, Vellore. However, the representation primarily raised a grievance regarding the Tamil Nadu Victim Compensation Fund, created under G.O.(Ms)No.856, Home (Prison.III) Department dated 01.10.2009, which notifies the Tamil Nadu Victim Compensation Fund Rules, 2009. Under these Rules, 20% of wages earned by prisoners are deducted for the fund, but the petitioner alleged that the fund was not being utilized for compensating victims as intended. The court noted the definitions under the Rules: 'Victim Compensation Fund' means the fund created from the 20% of wages deducted from prisoners employed in industries or maintenance work in a prison, and 'Victim' means the person affected by the criminal act of the prisoner. The Rules also provide for maintenance of accounts, disbursement of compensation, and audit by the Internal Audit and the Accountant General. The court, after hearing the counsel for the petitioner and the respondents, including the suo motu impleaded Accountant General, directed the respondents to consider the petitioner's representations and take appropriate action in accordance with law, ensuring proper implementation of the Rules.
Headnote
A) Prison Law - Victim Compensation Fund - Implementation of Tamil Nadu Victim Compensation Fund Rules, 2009 - The court considered the grievance that 20% of wages earned by prisoners deducted for the Victim Compensation Fund were not being utilized for the intended purpose of compensating victims. The court directed the respondents to consider the petitioner's representations and ensure proper implementation of the Rules, including audit by the Accountant General. (Paras 2-4)
Issue of Consideration
Whether the respondents have properly implemented the Tamil Nadu Victim Compensation Fund Rules, 2009, particularly regarding the utilization of 20% wages deducted from prisoners for victim compensation.
Final Decision
The court directed the respondents to consider the petitioner's representations dated 27.12.2024 and 17.01.2025 and take appropriate action in accordance with law, ensuring proper implementation of the Tamil Nadu Victim Compensation Fund Rules, 2009, including audit by the Accountant General.
Law Points
- Victim Compensation Fund
- Prisoners' wages
- Deduction of 20% wages
- Tamil Nadu Victim Compensation Fund Rules
- 2009
- Mandamus
- Article 226 of Constitution of India
Case Details
S.M.SUBRAMANIAM, M.JOTHIRAMAN
Mr.P.Pugalenthi for petitioner, Mr.R.Muniyapparaj (Additional Public Prosecutor) for R1 to R3, Mr.V.Vijay Shankar for R4
1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009; 2. The Director General of Police / Inspector General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai 600 008; 3. The Superintendent of Prison, Central Prison, Vellore 632 002; 4. The Accountant General of Tamil Nadu (Audit), Office of Accountant General, Teynampet, Chennai 600 018 (R4 suo motu impleaded)
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a mandamus to consider representations and provide A class privileges to a life convict, but primarily raising grievance about non-utilization of Victim Compensation Fund.
Remedy Sought
Petitioner sought direction to respondents to consider her representations dated 27.12.2024 and 17.01.2025 and to provide A class privileges to her husband, a life convict.
Filing Reason
Petitioner alleged that 20% of wages earned by prisoners deducted for Victim Compensation Fund were not being utilized for compensating victims, and representations to implement the scheme properly were not acted upon.
Issues
Whether the respondents have properly implemented the Tamil Nadu Victim Compensation Fund Rules, 2009, particularly regarding the utilization of 20% wages deducted from prisoners for victim compensation.
Submissions/Arguments
Petitioner submitted that 20% of wages earned by prisoners are deducted for Victim Compensation Fund but the fund has not been utilized for the purpose for which it was created.
Respondents' counsel argued for proper implementation and audit of the fund.
Ratio Decidendi
The Tamil Nadu Victim Compensation Fund Rules, 2009 mandate that 20% of wages deducted from prisoners be utilized for compensating victims, and the authorities must ensure proper implementation and audit of the fund.
Judgment Excerpts
The representation submitted by the petitioner reveals that 20 percent of the wages earned by the prisoners are deducted for the purpose of paying compensation under the Tamil Nadu Victim Compensation Fund.
Clause 10 enumerates audit of accounts. Accordingly, the accounts of the District Level Committee shall be audited by the Internal Audit and by the Accountant General.
Procedural History
The petitioner filed W.P.No.1651 of 2025 on an unspecified date. The court suo motu impleaded the Accountant General of Tamil Nadu (Audit) as the fourth respondent on 21.01.2025. The petition was heard and disposed of on 27.01.2025.
Acts & Sections
- Constitution of India: Article 226
- Tamil Nadu Victim Compensation Fund Rules, 2009: Clause 2(i), Clause 2(ii), Clause 10
