2021 Supreme(SC) 172

SUPREME COURT OF INDIA
Ashok Bhushan, R. Subhash Reddy, JJ.
State Of Uttar Pradesh - Petitioner
Versus
Jail Superintendent (Ropar) & Ors. - Respondent(s)
Writ Petition (Criminal) No.409 of 2020 with [Transfer Petition (Criminal) NO.104-114 of 2021]
Decided On : 26-03-2021

IMPORTANT POINTS
(1) A crime against an individual is to be considered as a crime against a State and public, at large. Petition filed under Section 406 of Code of Criminal Procedure, is maintainable at instance of State.
(2) A convict or an undertrial prisoner who disobeys law of land, cannot oppose his transfer from one prison to another, be a convict or an undertrial prisoner. Courts are not to be a helpless bystander, when rule of law is being challenged with impunity.
(3) Apex Court can exercise power under Article 142 of Constitution of India to order transfer of prisoner from one prison to another.

Headnote:

(A) Criminal Procedure Code, 1973 – Section 406 – Transfer of criminal case – A crime against an individual is to be considered as a crime against a State and public, at large – In criminal administration system, State is prosecuting agency, working for and on behalf of people of State – As a prosecuting agency in Criminal Administration, State can be said to be a party interested within meaning of Section 406(2) of Code of Criminal Procedure, 1973 – Statute must be interpreted to advance cause of Statute and not to defeat the same – Petition, as filed under Section 406 of Code of Criminal Procedure, is maintainable at instance of State. (Paras 18 and 19)

(B) Constitution of India – Article 142 – Criminal Procedure Code, 1973 – Section 406 – Transfer of Prisoners Act,1950 – Section 3 – Transfer of criminal proceedings and trial – 3rd Respondent / accused is sitting MLA in State of Uttar Pradesh – He is involved in several cases where serious charges are framed against him and several such cases were transferred to Special Court constituted to try cases of MPs/MLAs in Allahabad – It is specifically stated in petition that in order to fast track cases, after creation of Special Court for trial of cases of MPs/MLAs in year 2018, all cases were consolidated by High Court of Allahabad – Number of warrants issued against 3rd Respondent in connection with crimes registered in various Police Stations in Uttar Pradesh during period from 14.02.2019 to 14.02.2020 could not be executed as Jail Authorities of Roopnagar Jail, Punjab have refused to give custody on the ground that accused / 3rd Respondent is not medically fit – It is evidently a fit case to invoke power under Article 142 of Constitution of India for grant of relief to petitioner – Custody is denied to Police of Uttar Pradesh at every time on trivial grounds under guise of medical grounds by mentioning ordinary diseases like diabetes mellitus, skin allergy, hypertension, backache, throat infection, etc. – In addition to same, it gives any amount of suspicion on conduct of 3rd Respondent in not even applying for grant of default bail – A convict or an undertrial prisoner who disobeys law of land, cannot oppose his transfer from one prison to another, be a convict or an undertrial prisoner – Courts are not to be a helpless bystander, when rule of law is being challenged with impunity – In such situations, this Court can exercise power under Article 142 of Constitution of India to order transfer of prisoner from one prison to another – Arms of law are long enough to remedy the situation – If there are any medical ailments to petitioner, every care shall be taken by Jail Authorities but, at the same time, on specious plea of ill health by referring to minor ailments, accused / 3rd Respondent cannot oppose relief, as sought for in writ petition – There being no statutory provision covering transfer of prisoner from one State to another, having regard to facts of case on hand, this Court, certainly in exercise of jurisdiction under Article 142 of Constitution of India, may issue necessary directions – Respondent Nos.1 & 2 directed to handover custody of 3rd Respondent to State of Uttar Pradesh, within a period of two weeks. (Paras 15, 25 and 28)

Facts of the case:

Present Writ Petition is filed under Article 32 of Constitution of India, read with Section 406 of Code of Criminal Procedure, 1973 by State of Uttar Pradesh, seeking Writ of Mandamus, seeking appropriate directions, directing the respondent-State of Punjab and the Judicial Magistrate-I, Mohali, State of Punjab, to transfer the criminal proceedings and trial in the Case Crime No.05 of 2019, titled as State of Punjab v. Mukhtar Ansari, pending before the Judicial Magistrate-I, Mohali, State of Punjab, to Court of Special Judge (MP/MLA), Allahabad, Uttar Pradesh and with a further direction to the Respondent Nos.1 and 2 to handover the custody of the accused / 3rd Respondent from Roopnagar Jail, District Ropar, Punjab to District Jail Banda, Uttar Pradesh.

Findings of Court:

It is evidently a fit case to invoke our power under Article 142 of Constitution of India for grant of relief to the extent, as sought for, under Para-26(B) of the petition, to order transfer custody of the 3rd Respondent from Roopnagar Jail, District Ropar, Punjab to District Jail, Banda, Uttar Pradesh.

Result : Writ Petition allowed in part with directions and observations