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1994 Supreme(Bom) 222

V.A.MOHTA, VIJAY BAHUGUNA
State of Maharashtra – Appellant
Versus
Sayyad Noor Hasan Gulam – Respondent


JUDGMENT - V.A. MOHTA, J.:-This is a petition under Article 226 read with Article 227 of the Constitution of India filed by the State of Maharashtra at the instance of the Superintendent, Central Prison, Bombay making a grievance against the order dated 25th June, 1993 passed by the Additional Sessions Judge for Greater Bombay by which he has ordered the transfer of the respondent-undertrial-prisoner-Sayyed Noor Hasan Gulam Hussain @ Bawa an accused charged for the offence under section 302 of the Indian Penal Code from District Prison, Kalyan to the Bombay Central Prison.

2. We see no justification whatsoever for the impugned order. The respondent was lodged in Kalyan District Prison as per the circular dated 5-5-1993 issued by the Inspector General Police, Pune by which he classified certain prisoners gangwise and ordered them to be lodged in different jails keeping the law and order problem and safety of the prisoners as well as the staff in view. This circular was issued on the basis of an order dated 28th April, 1993 passed by the Designated Court for Greater Bombay under the Terrorist Disruptive Activities (Prevention) Act, 1987 ordering the accused in Bombay Bomb Blasts cas






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