Prisoner sought transfer from Delhi to J&K jail citing rehabilitation rules. Court held security concerns regarding militant sympathizers in Srinagar justified rejection of request and dismissed petition.
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CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R
% 14.01.2020
VIBHU BAKHRU, J
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W.P. (CRL) 2739/2018
Substances Act, 1908; Section 25 of the Arms Act, 1959, and; Section 411 of the IPC. The petitioner was found guilty of an act of terrorism and it is held that he was one of the persons responsible for bomb blasts in Lajpat Nagar, Delhi.
“664. Reasons and Circumstances for Transfer - Prisoners may be transferred from one prison to another for the following reasons:
I.For custody and treatment in a suitable institution in
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III.On medical grounds
V.For post-release vigilance by the police.
VI.For providing essential services
VII.On grounds of security, expediency, etc
VIII.To be nearer to his home district
IX.To ease overcrowding in a prison
X.For other special reasons, if any. * * * *
The transfer of prisoners from one state to the other state shall be in accordance with the provisions of the Transfer of Prisoners Act, 1950 whether under this rule or under any other rule of this chapter. The proposals for transfer of prisoner, belonging to other state, may be initiated by the Superintendent on his own, or on the request of the prisoner, on the basis of any of the grounds mentioned in the Transfer of Prisoners Act, 1950. For this, the Superintendent of the prison, where the prisoner is confined, shall obtain from the prisoner a written declaration giving details of his address as also addresses of his relatives in his State of origin and send a nominal roll and other documents to the Inspector General of Prisons of that State with the prior approval of the State Government. The Inspector General shall also ascertain the name of the prison, in the State of origin to which the prisoner has to be transferred from the Inspector General of that State and then issue orders for the transfer of the prisoner with the prior approval of the State Government. Explanation: (i) Due consideration shall be given to the wishes of a prisoner regarding transfer to his home State, unless there are adequate reasons against it.
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Explanation: (ii) The transferring State shall bear the cost of transfer of the prisoner. The cost of maintenance of the prisoner shall be borne by the State of his origin from the date he is received.
Explanation: (iii) The prisoners’ property and wages earned by him in the prison till the date of his transfer shall be sent, along with the prisoner, to the prison to which he is transferred.
Explanation (iv) Delhi state convicts transferred to other states to serve remaining part of their sentence shall be governed by Delhi Prison Rules for the purposes of State Remissions, Parole, Furlough and pre mature release etc.”
“ 3. Removal of prisoners from one State to another .—(1) Where any person is confined in a prison in a State,—
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or transportation, or
(c) in default of payment of a fine, or
(d) in default of giving security for keeping the peace or for maintaining good behaviour; the Government of that State may, with the consent of the Government of any other State, by order, provide for the removal of the prisoner from that prison to any prison in the other State.
(2) The officer in charge of the prison to which any person is removed under sub-section (1) shall receive and detain him, so far as may be, according to the exigency of any writ, warrant or order of the court by which such person has been committed, or until such person is discharged or removed in due course of law.”
“Rule 59
Prisoners shall be allocated, to the extent possible, to prisons close to their homes or their places of social rehabilitation.”
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to, unless there are reasons requiring to the contrary. In the present case, the request for transfer to Central Jail, (Srinagar), Jammu & Kashmir had been rejected as the report reiterates that such transfer would involve a high degree of security hazard.
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same.
VIBHU BAKHRU, J
JANUARY 14, 2020 MK
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W.P. (CRL) 2739/2018
3 issues framed by the court
Whether a prisoner convicted of terrorism can claim transfer to a jail near their home despite security hazards.
Whether the High Court should interfere with the rejection of a transfer request based on security concerns.
Whether the wishes of the prisoner regarding transfer to a home state are determinative in absence of security objections.
Colour shows how this judgement treated each authority
V. Radhakrishna v. the State of Tamil Nadu: W.P.(MD) 15664/2019 decided on 19.07.2019Referred¶11
3 provisions across 3 enactments
Javed Ahmed Khan
State
Vibhu Bakru
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
