Case Note & Summary
The judgment concerns four criminal writ petitions filed by prisoners (Sayyad Ali, Abbas Ali, Habbirrao Khamkar, and Santosh Pawar) who were sentenced to life imprisonment and initially lodged in Central Jail, Aurangabad, but later transferred to Open District Prison, Paithan. The petitioners sought transfer back to Central Jail, Aurangabad, citing medical treatment needs and family circumstances. The respondents, including the State of Maharashtra through various prison authorities, opposed the transfer. The court considered the provisions of the Maharashtra Prison Rules, 1963, particularly Rules 6, 7, and 8, which govern transfers. The court noted that the petitioners had made representations to the authorities, but those were not decided. The court held that prisoners have a right to seek transfer under the Rules, and the authorities must consider such requests reasonably and in accordance with law. The court directed the respondents to decide the petitioners' representations within four weeks from the date of the order, after giving them an opportunity of hearing. The court did not express any opinion on the merits of the transfer requests. The petitions were disposed of accordingly.
Headnote
A) Prison Law - Transfer of Prisoners - Right to Seek Transfer - Maharashtra Prison Rules, 1963, Rules 6, 7, 8 - Prisoners sentenced to life imprisonment and lodged in Open Prison sought transfer to Central Jail for medical treatment and family reasons - Court held that prisoners have a right to seek transfer under the Rules, and the authorities must consider such requests reasonably - Held that the petitioners' requests were not properly considered and directed the respondents to decide the representations within four weeks (Paras 1-10).
Issue of Consideration
Whether prisoners sentenced to life imprisonment and lodged in Open District Prison, Paithan, can be transferred to Central Jail, Aurangabad, on grounds of medical treatment and family circumstances.
Final Decision
The court disposed of all four petitions with a direction to the respondents to decide the petitioners' representations for transfer within four weeks from the date of the order, after giving them an opportunity of hearing. No opinion on merits was expressed.
Law Points
- Right of prisoner to seek transfer
- Maharashtra Prison Rules
- 1963
- Rule 6
- Rule 7
- Rule 8
- Open Prison
- Central Jail
- Transfer on medical grounds
- Transfer on family grounds
Case Details
2019 LawText (BOM) (09) 36
Criminal Writ Petition No. 716 of 2019, Criminal Writ Petition No. 717 of 2019, Criminal Writ Petition No. 810 of 2019, Criminal Writ Petition No. 811 of 2019
T.V. Nalawade, K.K. Sonawane
Mr. Rupesh A. Jailswal (for petitioners), Mr. M. M. Nerlikar (APP for respondents in CrWP 716/2019 and 717/2019), Mr. R. D. Sanap (APP for respondents in CrWP 810/2019 and 811/2019)
Sayyad Ali S/o. Sayyad (A-35674), Abbas Ali S/o. Sayyad (A-35675), Habbirrao S/o. Bhauso Khamkar, Santosh S/o. Shivaji Pawar
State of Maharashtra, Through Superintendent of Jail, Central Jail, Aurangabad; Superintendent of Jail, Open Prison, Paithan; D.I.G. Prisons, Aurangabad; I.G. Prisons, Pune
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Nature of Litigation
Criminal writ petitions seeking transfer from Open District Prison, Paithan to Central Jail, Aurangabad.
Remedy Sought
Petitioners sought transfer from Open Prison to Central Jail for medical treatment and family reasons.
Filing Reason
Petitioners were life convicts initially lodged in Central Jail, later transferred to Open Prison; they sought transfer back due to medical and family grounds.
Issues
Whether the petitioners are entitled to be transferred from Open Prison to Central Jail under the Maharashtra Prison Rules, 1963.
Whether the respondents have properly considered the petitioners' representations for transfer.
Submissions/Arguments
Petitioners argued that they need medical treatment and have family circumstances requiring transfer to Central Jail.
Respondents opposed the transfer, but the court noted that representations were not decided.
Ratio Decidendi
Prisoners have a right to seek transfer under the Maharashtra Prison Rules, 1963, and the authorities must consider such requests reasonably and in accordance with law. The court directed the respondents to decide the representations within four weeks.
Judgment Excerpts
The points of controversy in all these petitions are centered on the question of transfer of petitioners-prisoners from Open District Prison, Paithan, to Central Jail, Aurangabad.
The court directed the respondents to decide the petitioners' representations within four weeks from the date of the order.
Procedural History
The petitioners filed criminal writ petitions in the High Court of Bombay at Aurangabad seeking transfer from Open Prison to Central Jail. The court heard the petitions and disposed them with directions.
Acts & Sections
- Maharashtra Prison Rules, 1963: Rule 6, Rule 7, Rule 8
