Hon'ble Justice Vijay BishnoI dismissed a criminal writ petition challenging the transfer of the petitioner's son from District Jail, Pratapgarh to Central Jail, Sri Ganganagar. The High Court held there were sufficient reasons for the transfer to ensure security.
The criminal writ petition and the stay petition were dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Writs No. 184/2018
Agdar Shah S/o Shri Hakim Khan , Resident Of Akhepura, Tehsil Pratapgarh, District Pratapgarh.
----Petitioner
Versus
----Respondents
For Petitioner(s) : None present For Respondent(s) : Mr. Vikram Rajpurohit, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
12/07/2018
In this criminal writ petition, the petitioner has challenged the order dated 19.5.2011 passed by the Additional Director General of Jail, Rajasthan, Jaipur whereby the son of the petitioner Gulnawaz @ Gullu, confined in District Jail Pratapgarh, was transferred to Central Jail, Sri Ganganagar.
The petitioner has challenged the order dated 19.5.2011 with the averment that there is no justification in transferring his son Gulnawaz @ Gullu from District Jail, Pratapgarh to Central Jail, Sri Ganganagar. It is alleged that the respondent-jail authorities have illegally transferred the son of the petitioner from District Jail, Pratapgarh to Central Jail, Sri Ganganagar.
(2 of 2)
[CRLW-184/2018]
Reply to this petition has been filed on behalf of the State wherein it is mentioned that the petitioner during his confinement in District Jail, Pratapgarh had made several calls to the residents of Mandsaur, State of Madhya Pradesh asking them to pay ransom. It is averred in the reply that the Superintendent of Police, Pratapgarh was in receipt of a request from the Superintendent of Police, Mandsaur (MP) wherein he has requested that the petitioner along with his other gang members is indulged in threatening the residents of Mandsaur on mobile phone, so the son of the petitioner and his gang members be transferred to different jails. It is further averred in the reply that the Inspector General of Police (MP) has also written a letter to this effect and thereafter the Inspector General of Police, Udaipur Range, Udaipur has sent a letter to the Director General, Jails, Jaipur requesting to transfer the son of the petitioner and his gang members to different jails of State of Rajasthan. It is further averred in the reply that taking into consideration the fact that while the petitioner was confined in District Jail, Pratapgarh, he and his gang members were indulged in running racket of extortion, the respondents have deemed it appropriate to transfer the son of the petitioner and his gang members to different jails.
After taking into consideration the reply filed on behalf of the State, I am convinced that there are sufficient reasons to transfer the son of the petitioner from District Jail Pratapgarh to Centrail Jail, Sri Ganganagar. Hence, no interference is called for. The criminal writ petition is hereby dismissed. The stay petition also stands dismissed.
(VIJAY BISHNOI),J
Babulal/7
1 issue framed by the court
Whether there is justification for transferring the petitioner's son from District Jail, Pratapgarh to Central Jail, Sri Ganganagar.
Agdar Shah S/o Shri Hakim Khan
State Of Rajasthan Through The Secretary , Jail Department, Govt. Of Rajasthan, Jaipur
The Additional Director General Of Jail , Rajasthan, Jaipur
The Dy. Superintendent Of District Jail , Pratapgarh
VIJAY BISHNOI
As recorded by the court registry
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