The Madurai Bench of the Madras High Court has directed the State government to file a detailed report on the steps taken on the recommendations made to appoint legal aid counsel or prosecutor in Central Prisons in the State.
Justice G. Ilangovan on Tuesday sought a response on the petition filed by Rathinam of Andipatti in Theni district. He complained that his son Chokkar was kept in illegal custody for over nine months in Madurai Central Prison even after he was acquitted in a murder case.
Chokkar and Mayilraj were convicted in a murder case by a trial court. Mayilraj, the first accused in the case, had preferred an appeal against the conviction. Chokkar did file an appeal.
The High Court acquitted both accused in the case and the prison authorities were informed of the acquittal. However, the communication said Mayiraj, who preferred the appeal, had been acquitted and the acquittal of Chokkar was not properly conveyed.
This resulted in Chokkar having to remain in prison for nine more months even after acquittal till a legal aid counsel took up his issue. He was released from Madurai Central Prison in 2020. The petitioner sought compensation from the State.
In order to avoid incarceration after acquittal, the State said it was considering the appointment of legal aid counsel in central prisons. Advocate Henri Tiphagne suggested appointment of senior duty counsel and installation of information kiosks to help prisoners.
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