1. Transfer of prisoner — Request for accommodation in specific district jails for serving remaining sentence. (Para 1 , 2 , 3 )
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2019 Supreme(SC) 1622
SUPREME COURT OF INDIA
A.K. Sikri, S. Abdul Nazeer, JJ.
Sitaram - Appellant
Versus
State Of Uttar Pradesh & Anr. - Respondents
Writ Petition (Criminal) No. 98 of 2018
Decided On : 03-01-2019
Advocates Appeared:
Sanjiv Jha, Adv., Braj Kishore Mishra, Adv., Aparna Jha, Adv., Abhishek Yadav, Adv., Kriti Sondhi, Adv., Rajesh Kumar Singh, Adv., Harish Pandey, Adv., B.K. Satija, Adv.
Sanjiv Jha, Adv., Braj Kishore Mishra, Adv., Aparna Jha, Adv., Abhishek Yadav, Adv., Kriti Sondhi, Adv., Rajesh Kumar Singh, Adv., Harish Pandey, Adv., B.K. Satija, Adv.
The court has the discretion to direct the accommodation of a petitioner in a specific jail based on the peculiar facts of the case, even if it does not set a precedent.
Headnote:
Accommodation - District Jail - Court directs petitioner to be shifted to Model Central Jail, Kanda
Fact of the Case:
The court directed the respondent to consider accommodating the petitioner in District Jail, Mandi, H.P. or in the alternative in District Jail Dharamshala, H.P. The respondent pointed out that these jails were already overcrowded and suggested accommodating the petitioner in Model Central Jail, Kanda or Model Central Jail, Nahan. The petitioner accepted being shifted to Model Central Jail, Kanda.
Finding of the Court:
The court, considering the overcrowded status of the suggested jails and the acceptance of the petitioner, directed the petitioner to be immediately shifted to Model Central Jail, Kanda, to serve the remaining sentence.
Issues: Accommodation of petitioner in overcrowded jails
Ratio Decidendi: The court considered the overcrowded status of the suggested jails and the acceptance of the petitioner in directing the petitioner to be immediately shifted to Model Central Jail, Kanda.
Final Decision: The Writ Petition is disposed of, and pending applications, if any, shall also stand disposed of.
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Table of Contents
2. Respondent contends requested jails are overcrowded and proposes alternative facilities; petitioner accepts one such alternative. (Para 3 , 4 )
3. Court notes the overcrowding of requested jails and the parties' agreement on an alternative facility. (Para 3 , 4 , 5 )
4. Prisoner transfer may be ordered based on peculiar facts and mutual agreement without establishing a binding precedent. (Para 5 )
5. Petitioner directed to be shifted to an alternative central jail to serve the remaining sentence. (Para 5 , 6 )
6. Under what circumstances may a court order the transfer of a prisoner to an alternative jail?
A court may direct the transfer of a prisoner to an alternative facility to serve the remaining sentence based on the peculiar facts of the case and mutual agreement between the parties, specifically noting that such an order may be made without treating it as a binding precedent. (Para 5 )
ORDER
1. After hearing learned counsel for the parties on 03.07.2018, following Order was passed:
"Learned counsel for the respondent(s) to take instructions as to whether the petitioner can be accommodated in District Jail, Mandi, H.P. or in the alternative in District Jail Dharamshala, H.P. List the matter after two weeks."
2. Pursuant to the aforesaid directions given by this Court, learned counsel for the respondent has obtained instructions. He has handed over a copy of the affidavit filed on behalf of the State of Himachal Pradesh by Mr. Somesh Goyal, who is presently posted as Director General of Prisons and Correctional Services, Himachal Pradesh, Shimla.
3. Along with this affidavit, a Chart is enclosed giving the status of 16 Jails in Himachal Pradesh. From the said Chart, the learned counsel points out that insofar as District Jails in Mandi and Dharamshala are concerned they are already overcrowded. He has suggested, on instructions, that the petitioner can be accommodated either in Model Central Jail, Kanda or Model Central Jail, Nahan.
4. Learned counsel for the petitioner accepts that the petitioner be shifted to Model Central Jail, Kanda.
5. Having regard to the peculiar facts of this case and without treating it as a precedent, we direct that the petitioner shall immediately be shifted to Model Central Jail, Kanda, to serve his remaining sentence.
6. The Writ Petition is, accordingly, disposed of.
7. Pending applications, if any, shall also stand disposed of.
