2025 Supreme(SC) 121

SUPREME COURT OF INDIA
J.B. PARDIWALA, R.MAHADEVAN, JJ.
The State of Jharkhand & Others – Appellants
Versus
Vikash Tiwary @ Bikash Tiwary @ Bikash Nath - Respondent
Criminal Appeal No. 240 of 2025 (Arising out of SLP (Crl.) No. 17026 OF 2024)
Decided on : 17-01-2025

IMPORTANT POINTS
(1) Intra-State prison transfer of prisoners – Sustainability – Transfer of convict prisoner from one prison to another is purely an administrative decision and same cannot be interfered with by court unless it is arbitrary and contrary to law.
(2) Prison administration needs to be reformed for creating a better environment and prison culture to ensure prisoners enjoy their right to dignified life under Article 21 – It is essential to continuously monitor physical conditions prevailing in prison, compliance with basic and fundamental rights of prisoners.

Headnote:

(A) Prisoners Act, 1900 – Section 29 r/w Rule 770(B) of State Jail Manual – Intra-State prison transfer of prisoners – Sustainability – If situation necessitates transfer of prisoner from one jail to another, it can be done by authority concerned – Discretion and power to interfere by courts in such matters does exist yet it should be used very sparingly – Transfer of convict prisoner from one prison to another is purely an administrative decision and same cannot be interfered with by court unless it is arbitrary and contrary to law – Prison authorities are charged with duties of maintenance of discipline and peace within a prison – Transfer of prisoners from one jail to another is not a matter of routine and must be approached with circumspection – In present case, respondent is now a life convict and reason given for transfer was existence of imminent possibility of a gang war – Such decision of shifting respondent was only in larger interest of maintaining security of prison – There is a profound rational behind decision and such decision does not suffer from vice of arbitrariness – Transfer of respondent to some other jail is not only lawful, but also necessary for his safety and security – However, High Court erred in setting aside the same, by order impugned herein, which is liable to be set aside – Order of High Court set aside and order/memo dated 17.05.2023 of Inspector General of Prisons restored – Authorities shall ensure that respondent’s life, basic and fundamental rights to the extent available in accordance with law, are protected. (Paras 14, 15, 16 and 18)

(B) Prisons Act, 1894 – Section 37 – Constitution of India – Article 21 – Prison reforms – Indian Prison System has been under close scrutiny of judiciary/District Magistrates, who have been given a responsibility to closely monitor administration and management of prisons under their jurisdiction and to inspect them periodically – Since ‘Prisons’ is a State subject under Entry 4 in List-II of Seventh Schedule to Constitution of India, management and administration of same comes within purview of State Governments – Model Prison Manual provides guidance to State Governments to maintain uniformity in prison administration throughout country – Supreme Court has repeatedly recommended overhaul of prison administration by suggesting reforms in treatment of prisoners and management of prisons – Model Prison Manual and system that it envisages, has to be understood as an outcome of repeated clarion calls and demands to safeguard prisoners’ rights and prison reforms – Prison administration needs to be reformed for creating a better environment and prison culture to ensure prisoners enjoy their right to dignified life under Article 21 – It is essential to continuously monitor physical conditions prevailing in prison, compliance with basic and fundamental rights of prisoners, etc. – State recognizes that a prisoner loses his right to liberty but still maintains his right to be treated as a human being and as person – His human dignity shall be maintained and all basic amenities should be made available to him – Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for safe custody and well-ordered community life, with due regard to maintenance of rights of prisoners – Objective of reforms and rehabilitation of prisoners has to be pursued diligently. (Paras 17, 17.1 and 17.2)

Facts of the case:

Present appeal is filed by State of Jharkhand and others, against final order dated 21.08.2023 passed by High Court of Jharkhand at Ranchi in Writ Petition (Cr.) No. 318 of 2023, whereby High Court quashed order/memo dated 17.05.2023 issued by Inspector General of Prisons, Ranchi, Jharkhand, making intra-State transfer of respondent herein from Lok Nayak Jai Prakash Narayan Central Jail, Hazaribagh, to Central Jail, Dumka, within State of Jharkhand.

Findings of Court:

As far as State of Jharkhand is concerned, there is no clear-cut picture regarding prison administration and facilities available to prisoners in prisons. In Court on its own motion v. State of Jharkhand, WP(PIL) Nos. 6125/2017 etc. cases, which are pending, vide order dated 13.01.2023, Jharkhand High Court was apprised regarding drafting of a Jharkhand Jail Manual based on Model Prison Manual, 2016. Current status of the same however remains unclear. Hence, we deem it necessary to issue appropriate directions to the Government of Jharkhand for implementing effective prison administration and to protect the interests of prisoners.

Result : Appeal allowed.