Allowed

Hari Prasad @ Hari Banuda v. State of Rajasthan and Ors.

Rajasthan HC8 Mar 2018CRLW/676/2017

Case brief

AI extract

What is this about?

This criminal writ petition challenged the order transferring the petitioner from Open Air Jail Camp to Central Jail based on unsubstantiated SIM usage allegations. The Court allowed the petition, quashed the transfer order, and directed immediate transfer back due to lack of evidence connecting the petitioner to the SIM number.

What did the court decide?

Quashed the order dated 24.11.2017 and directed immediate transfer of petitioner from Central Jail to Open Air Jail Camp Sanganer.

Hari Prasad @ Hari Banuda Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ No. 676/2017

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Hari Prasad @ Hari Banuda S/o Shri Ramu Ram B/c Jat, Aged About 39 Years, R/o Village Banuda, Tehsil Dataram Garh, Police Station Dataram Garh, Distt. Sikar (Raj.) Through His Wife Smt. Santosh Devi W/o Hari Prasad @ Hari Banuda S/o Shri Ramu Ram B/c Jat Aged About 32 Years R/o Village Banuda, Tehsil Dataram Garh, Police Station Dataram Garh, Distt. Sikar (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan Through The Secretary, Department Of Home, Govt. Secretariat, Jaipur.

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Prisoners Open Air Camp Advisory Committee, Through Its Director, Jaipur.

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Director General Of Prisons, Directorate Of Prison, Jaipur, Raj.

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The Superintendent, Central Jail Jaipur.

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----Respondents

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For Petitioner(s) : Mr. B.R. Choudhary. For Respondent(s) : Ms. Meenakshi Pareek, PP

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HON'BLE MR. JUSTICE DEEPAK MAHESHWARI

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Order

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08/03/2018

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Heard learned counsel for the petitioner as also learned Public Prosecutor for the State.

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This writ petition has been preferred to quash and set-aside the order dated 24.11.2017 passed by the Open Air (Jail) Camp Committee, Sanganer, Jaipur and to issue direction to transfer petitioner from Central Jail, Jaipur to Open Air (Jail) Camp Sanganer, Jaipur.

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(2 of 3) [CRLW-676/2017]

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Learned counsel for the petitioner submits that vide order dated 08.03.2017 issued by the Director General Prisons, Rajasthan, Jaipur, petitioner Hari Prasad @ Hari Bhanuda was transferred to Central Jail, Jaipur from Open Air (Jail) Camp Sanganer, Jaipur on some administrative ground. Learned counsel submits that the petitioner has never violated any discipline and regulations of the Open Air (Jail) Camp. He has been sent to Central Jail, Jaipur on the ground that the mobile carrying SIM No.96366666603 was being used by him and its location depicts his presence out of the open jail campus. Counsel submits that the location of the aforesaid SIM is not relevant as the petitioner is not using the SIM.

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Learned counsel has further stated that as per the minutes dated 24.11.2017 of the Open Air (Jail) Camp Committee, the petitioner was found present in the Open Air (Jail) Camp. The attendance register of the Open Air Prisoners also depicts his presence in the jail on both the time of roll calls on relevant dates. As per the latest nominal roll, the conduct of the petitioner was found satisfactory. There is no allegation against the accusedpetitioner during last 13 years while he was detained in jail. It has also been stated in the reply submitted by the State that he has availed regular parole twice from 10.04.2014 to 29.04.2014 and from 25.05.2017 to 22.06.2017 and has returned back on the scheduled dates. Despite this, he has been transferred on the administrative ground to Central Jail, Jaipur. No specific reason has been assigned for transferring him to Central Jail, Jaipur from Open Air (Jail) Camp.

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Learned Public Prosecutor has vehemently opposed the prayer made by learned counsel for the petitioner. She has stated

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(3 of 3)

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[CRLW-676/2017]

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that though the SIM No.96366666603 has been issued in the name of Deva Ram, but in-fact there is no existence any person named Deva Ram. The SIM is being used by the petitioner. As per call details, location of this SIM is found out of the area of Open Air (Jail) Camp, that is why the committee of Open Air (Jail) Camp has decided to transfer the petitioner to Central Jail, Jaipur.

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I have given thoughtful consideration to the arguments advanced and perused the relevant documents available on record.

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No document has been filed on behalf of the State to connect the petitioner with SIM No.96366666603 despite giving opportunity, so the ground assigned on behalf of the State to transfer petitioner on the basis of location of aforesaid SIM does not appeal to logic. That is the sole ground on which the petitioner is said to have been transferred from Open Air (Jail) Camp Sanganer, Jaipur to Central Jail, Jaipur. All other documents discussed above clearly show that there is no allegation of breach of discipline and regulations against the petitioner.

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In view of above, this criminal writ petition is allowed and the order dated 24.11.2017 passed by the Open Air (Jail) Camp Committee, Sanganer, Jaipur is quashed and set-aside and direction is issued to transfer petitioner from Central Jail, Jaipur to Open Air (Jail) Camp Sanganer, Jaipur immediately.

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(DEEPAK MAHESHWARI),J

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Rm/99

Hari Prasad @ Hari Banuda v. State of Rajasthan and Ors.

Case brief

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What did the court decide?

Hari Prasad @ Hari Banuda v. State of Rajasthan and Ors.

Case brief

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