Section 31 0f the Prison Rules state that no prisoner shall be admitted to a prison unless accompanied by a remand warrant, a warrant or order of detention, a warrant of conviction or of committal or an order of a court martial.
The only reservation deals with the child of a female prisoner.
Section 31 adds that “The Child of a female prisoner may be admitted into prison with its mother if it is less than two years old or if the medical officer of the prisoner so advices.”
At no time should the officer in charge of a prison admit a person to a prison unless he/she verifies that “the prisoner is the name in the warrant or order and that such warrant or order bears the signature and seal of the proper authority and in all other respects comply with the requirements of law.”
The officer in charge should refuse to accept a prisoner if such conditions are not met.
The families affected should seek legal counsel to pursue this matter. Detainees who are not charged after 72 hours are unlawfully detained and any authority that issues a warrant to commit them to a prison would have performed an unlawful act.
