Case Note & Summary
The petitioner, Sk. Iqbal Sk. Gayasuddin, a prisoner in Aurangabad Jail, filed a Criminal Writ Petition through a communication from jail, which was registered as Criminal Writ Petition No. 1125 of 2009. The limited grievance was that his application dated 24.7.2009 for transfer to the Open Jail at Paithan was pending and not decided by the respondent, the State of Maharashtra. The court appointed Smt. M.B. Gangwal as counsel for the petitioner. The respondent filed an affidavit in reply by Bharat Mahadeo Bhosale, Additional Superintendent, Central Prison, Aurangabad, stating at paragraph 7 that the application was pending consideration before the Inspector of Prisons, Pune and would be decided as per law. The court, noting that the application was pending, held that interest of justice would be served by directing the respondent to decide the application. The petition was allowed, directing the respondent to decide the application within four weeks from the date of the order and communicate the decision to the petitioner. Rule was made absolute with no order as to costs. The court quantified fees payable to the appointed counsel at Rs. Two Thousand.
Headnote
A) Prison Law - Transfer of Prisoner - Pending Application - The petitioner, a prisoner, submitted an application dated 24.7.2009 for transfer to Open Jail, which remained undecided. The court directed the respondent to decide the application within four weeks and communicate the decision to the petitioner, holding that interest of justice requires expeditious disposal of pending applications (Paras 3-5).
Issue of Consideration
Whether the respondent should be directed to decide the petitioner's pending application for transfer from Aurangabad Jail to Open Jail at Paithan.
Final Decision
Petition allowed. Respondent directed to decide the application of the petitioner within four weeks from today and communicate the decision to the petitioner. Rule made absolute with no order as to costs. Fees quantified at Rs. Two Thousand for appointed counsel.
Law Points
- Prisoner's right to have pending application decided expeditiously
- duty of prison authorities to decide applications within reasonable time
