Happy @ Hitesh v. State of NCT of Delhi and Ors.
Case brief
What is this about?
Petitioner sought transfer to a safe jail and security. Court noted transfer order to Central Jail No.1 complied with earlier direction and disposed of the petition.
Petitioner sought transfer to a safe jail and security. Court noted transfer order to Central Jail No.1 complied with earlier direction and disposed of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~35
HAPPY @ HITESH .....Petitioner
Through: Mr. Shivanshu Bhardwaj, Mr. Rajiv Singh and Mr. Mridul Gaur, Advocates.
versus
STATE OF NCT OF DELHI AND ORS. .....Respondents Through: Mr. Anand V. Kahtri, ASC for the State.
SI Gaurav, PS Hari Nagar.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
“ (a) To order immediate transfer of the Petitioner to a jail/ complex where there is no threat to his life; and/ or
(b)To order that the concerned Respondents shall provide adequate security to the Petitioner; and/ or
(c) To direct the concerned Respondents to ensure that the Petitioner is given adequate medical treatment for the injuries suffered by him; and/ or
To pass such other and further order, which this Hon'ble Court deem fit and proper in the existing facts and circumstances of the case.”
W.P.(CRL) 1878/2024 Page 1 of 3
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2024 at 12:34:27
2. Presently, the petitioner is lodged in Jail No. 3, Central Jail, Tihar. The foremost prayer is that he may be transferred and shifted to some other jail in Delhi as he apprehends threat to his life in Tihar.
3. Learned ASC has filed Status Report.
4. The same is taken on record.
5. During the course of hearing, learned ASC has apprised that the request made by the petitioner, seeking his transfer to other jail, shall be duly considered by the Transfer Committee and in the meanwhile it shall also be ensured that there is no threat to the safety and security of the petitioner while lodged in Tihar or for that matter, while he is taken to the Courts for the purposes of attending Court hearings.
6. Keeping in mind, the nature of the urgency involved, let the matter be considered by the Transfer Committee within one week from today and the report thereof be placed before this Court by the next date of hearing.
7. List on 04.07.2024.
8. Superintendent of Jail shall also, in the interregnum, ensure about safety and security of the petitioner and would also ensure that, wherever so required, he gets immediate medical attention.”
W.P.(CRL) 1878/2024 Page 2 of 3
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2024 at 12:34:27
authorities. Relevant portions of the said report reads as under:
“ Hon'ble Sir, This is in reference with order dated: 19.06.2024 received vide endorsement No.41318 Crl. Dated 20.06.2024, wherein the Hon'ble Court directed to transfer the above mentioned inmate from Central Jail No-03, Tihar to another jail and file a report regarding the same.
In this regards it is submitted that in compliance to the Hon'ble court order the inmate Hitesh @ Happy S/o Harbir Singh has been transferred to Central Jail No01, Tihar from this jail on 28.06.2024 by the orders of Competent Authority/Prison Headquarters vide order no.F.No.l0(003773651)/CJ/PHQ/2024/4999-03 Dated: 26.06.2024. (Copy of the same is enclosed herewith]
Submitted for kind information and perusal of this Hon'ble court Please.”
SUBRAMONIUM PRASAD, J
JULY 04, 2024 Rahul
W.P.(CRL) 1878/2024 Page 3 of 3
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2024 at 12:34:27
Happy @ Hitesh
State of NCT of Delhi
Subramonium Prasad
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