The High Court dismissed an Habeas Corpus petition filed by a life convict's son-in-law seeking the transfer of the detainee from Vellore to Bangalore. The court declined to intervene as the receiving state cited overcrowding and security risks.
Grant of liberty to renew the plea if the situation warrants it.
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.
In the High Court of Judicature at Madras
Dated: 23.11.2015
Coram
The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.298 of 2014
Librian Lobo
.... Petitioner
Vs.
1. The State of Tamil Nadu,
represented by its Secretary
Department of Home,
Fort St. George, Chennai - 600 009.
2. The Secretary
Department of Home,
Government of Karnataka,
Bangalore.
.... Respondents
PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents to transfer the detenu Pappachi @ Papanna @ Papural, son of Sowrappa, aged 50 years, lifer C.No.27178, now confined at Central Prison, Vellore to Central Prison, Bangalore to secure the ends of justice.
For Petitioner : Mr.R.Sankarasubbu
For Respondents : Mr.A.N.Thambidurai,
Addl. Public Prosecutor ----------
This Habeas Corpus Petition is filed by the son-in-law of the detenu, who is a life convict in Central Prison, Vellore, seeking to transfer the detenu to Central Prison, Bangalore.
letter dated 12.06.2015 in No.J1/R.T./DR-61/2009-10 states that the Bangalore Central Prison is highly over-crowded and that at present there are 4400 prisoners as against the sanctioned strength of 2100 prisoners. Besides, they have also stated that it is not possible to take the said prisoner due to his antecedents and his life will also be under threat. They further state that he is involved in offences at Bangalore also. Hence, the Government of Karnataka rejected the request made by the Government of Tamil Nadu for transferring the detenu.
sl Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
To
1. The State of Tamil Nadu,
represented by its Secretary
Department of Home,
Fort St. George, Chennai - 600 009.
2. The Secretary
Department of Home,
Government of Karnataka, Bangalore.
3. The Public Prosecutor, High Court, Madras.
NM/CO KR/10/12
H.C.P.No.298 of 2014
2 issues framed by the court
Whether the High Court should entertain a petition for the transfer of a life convict from Vellore to Bangalore given the refusal of the Karnataka Government due to overcrowding and safety concerns.
Whether the refusal by the Government of Karnataka to transfer the prisoner warrants the issuance of a Writ of Habeas Corpus.
Librian Lobo
The State of Tamil Nadu
The Secretary, Department of Home, Government of Karnataka
R. Sudhakar
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
