Case Note & Summary
The petitioner, Sardar s/o Shahvali Khan, a convict serving life imprisonment under Section 3(3) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and Section 120-B of the Indian Penal Code, filed a Criminal Writ Petition seeking transfer to an open prison under the Maharashtra Open Prisons Rules, 1971. He had persistently applied for transfer, but his applications were repeatedly rejected. His earlier Criminal Writ Petition No. 1485/2020 was dismissed by the High Court, but the Supreme Court in Special Leave Petition No. 8282/2021 remanded the matter for fresh consideration. The Inspector General of Prison, Pune, by order dated 04.02.2022, rejected his application on three grounds: (1) the petitioner was over 66 years of age and a senior citizen; (2) the Chief Medical Officer of Central Prison Aurangabad certified him as physically infirm and unable to perform hard labour; and (3) hard labour was required in open prison. The petitioner challenged this rejection. The court observed that Rule 4 of the Maharashtra Open Prisons Rules, 1971 does not prescribe age or physical infirmity as disqualifications for transfer. The requirement of hard labour is not a condition precedent for eligibility. The court held that the rejection on these grounds was unsustainable. The impugned order was quashed and set aside, and the respondents were directed to reconsider the petitioner's application afresh without reference to his age or physical infirmity. The petition was allowed.
Headnote
A) Prison Law - Transfer to Open Prison - Eligibility Criteria - Maharashtra Open Prisons Rules, 1971, Rule 4 - The petitioner, a life convict under TADA and IPC, sought transfer to open prison. The authority rejected his application citing his age (over 66 years) and physical infirmity as certified by the Chief Medical Officer, stating he could not perform hard labour required in open prison. The court held that Rule 4 of the Maharashtra Open Prisons Rules, 1971 does not prescribe age or physical infirmity as disqualifications for transfer. The requirement of hard labour is not a condition precedent for eligibility. The rejection was set aside and the authority was directed to reconsider the application without reference to age or physical infirmity. (Paras 2-5)
Issue of Consideration
Whether a convict sentenced to life imprisonment under TADA and IPC can be denied transfer to open prison solely on grounds of age and physical infirmity under the Maharashtra Open Prisons Rules, 1971.
Final Decision
The impugned order dated 04.02.2022 passed by respondent No. 2 is quashed and set aside. The respondents are directed to reconsider the petitioner's application for transfer to open prison afresh without reference to his age or physical infirmity. The petition is allowed.
Law Points
- Open prison transfer
- age and physical infirmity not valid grounds
- Maharashtra Open Prisons Rules
- 1971
- Rule 4
- TADA convict
- life imprisonment
- senior citizen
- hard labour requirement
- interpretation of prison rules
