Privilege petition for transfer of convicts from Central Jail, Hisar to District Jail, Jind dismissed as it lies in the domain of the competent authority unless arbitrariness is shown.
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Crl. Misc. No. M-14129 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-14129 of 2011 (O&M) Decided on : 19-09-2011
Satya Narayan and another
....Petitioners
VERSUS
State of Haryana
....Respondent
CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER
Present:None for the petitioners
Mr.Sandeep Mann, Sr. DAG, Haryana
MAHESH GROVER, J
This is a petition praying for transfer of the petitioners from Central Jail, Hisar to District Jail, Jind.
Reply has been filed in the Court today and the same is taken on record. In para nos.1 and 2 thereof it has been averred as follows:-
“1. That, the petitioners were convicted and sentenced on 21.2.1998 by the Ld. Court of Addl. Sessions Judge, Jind to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/- in case FIR no. 372 dated 16.11.1995 u/s 302, 34, 120-B, 506 IPC, P.S Uchana and were admitted in District Jail Jind and were released on bail on 5.4.2001. Upon dismissal of appeal by this Hon'ble High Court the petitioners were readmitted in District Jail, Jind on 18.7.2007 by the order of Ld. Court of Chief Judicial Magistrate, Jind to undergo remaining portion of their sentence. Both the petitioners were transferred to Central Jail, Ambala on 14.3.2008 by the order of
Crl. Misc. No. M-14129 of 2011 (O&M) 2
Director General of Prisons, Haryana, Panchkula. On the request of the petitioners they were further transferred from Central Jail, Ambala to Central Jail, Hisar by order of Director General of Prisons, Haryana on 19.9.2009 and since then they are undergoing above sentence in Central Jail, Hisar.
September 19, 2011 rekha
(Mahesh Grover) Judge
1 issue framed by the court
Whether the High Court can direct the Director General of Prisons to transfer a convict despite overcrowding claims under Section 482 Cr.P.C.
1 provisions across 1 enactments
Satya Narayan
State of Haryana
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
