Case Note & Summary
The petitioner, Sayyad Jahir @ Shera Bakar Kureshi, an undertrial prisoner facing charges under Sections 302, 364, 201, 120(B), 143, 147, 149 of the Indian Penal Code and Sections 3(1)(i), 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act), was arrested on 26.04.2012 in connection with Crime No. I21/2012. He was initially lodged at Central Prison, Aurangabad, and a chargesheet was filed in Special Case No. 21/2012 pending before the Special Judge (MCOC Act) at Aurangabad. The petitioner, a resident of Aurangabad with all his relations staying there, challenged his transfer from Aurangabad Central Jail to Nashik Central Jail without any reason or opportunity of being heard. The court noted that the transfer of an undertrial prisoner is an administrative act and does not require a prior hearing. However, considering that the petitioner's trial was pending at Aurangabad and his family resided there, the court directed his transfer back to Aurangabad Central Jail for the convenience of the trial and to facilitate family access. The petition was disposed of with the direction to the respondents to transfer the petitioner to Aurangabad Central Jail within two weeks.
Headnote
A) Prison Law - Transfer of Undertrial Prisoner - Administrative Discretion - The transfer of an undertrial prisoner from one jail to another is an administrative act and does not require a prior hearing, but the court can direct transfer to the parent jail for convenience of trial and family access - Held that the petitioner's transfer to Nashik was not illegal, but considering his residence and trial location at Aurangabad, he should be transferred back to Aurangabad Central Jail (Paras 1-5).
Issue of Consideration
Whether the transfer of an undertrial prisoner from Aurangabad Central Jail to Nashik Central Jail without assigning reasons or providing an opportunity of hearing is illegal and violative of his rights.
Final Decision
The petition is disposed of. The respondents are directed to transfer the petitioner from Nashik Central Jail to Aurangabad Central Jail within two weeks from the date of the order.
Law Points
- Transfer of undertrial prisoner without hearing is permissible under administrative discretion
- but court can direct transfer to parent jail for convenience of trial and family access
