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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Sanjeev Singh - Petitioner
Versus
The State of Jharkhand and ors. – Respondent
W.P.(Cr) No.106 & 122 of 2021
Decided On : 23-07-2021
Indian Penal Code, 1860 - Section 307/302/120B - Arms Act - Section 27 - Prisoners Act, 1900 - Section 29 - Constitution of India, 1950 - Article 226 - Murder - Convicted - Bullet injury - Removal of prisoners - Prayer that the petitioner whereby he has complained of violation/non-compliance and non-implementation of the order dated passed by said learned court and has also prayed for initiation of criminal contempt proceeding against the respondent nos.6 and 7 for violation, disobedience and non- compliance of order passed in S.T. Case - A prayer is also made for commanding upon the respondent nos.2, 3 and 4 to immediately and forthwith comply the order by Additional Sessions Judge-IV, Dhanbad in its letter and spirit by transferring/shifting petitioner from Central Jail to Divisional Jail.
Finding of the Court : It is crystal clear that in utter disregard of the order, State has shifted the petitioner from Dhanbad Jail to Dumka Jail which amounts to interference with the administration of justice. Had there would have been any exigency as of shifting of the petitioner to another jail it was incumbent upon the State to take prior permission of the concerned court - Court can exercise its powers under Article 226 of Constitution of India - Had it been demonstrated before this Court that petitioner is violating order of authorities in jail premises, which is lacking in case in hand; no case of violation of law has been made out against petitioner, who is in custody - Learned Additional Sessions Judge, Dhanbad was required to be complied with which has not been done in case in hand - After shifting of petitioner in Dumka Jail a further report has been sought which suggest that it was after thought of the authorities to circumvent two orders passed by the Additional Sessions Judge-IV, Dhanbad - No case of violation of any law by petitioner has been made out - As a cumulative effect of above discussions, W.P.(Cr.) succeeds and respondent-State is directed to comply order of trial court in its letter and spirit within two weeks from date of receipt/production of a copy of order.
Result : I W.P.(Cr) No.122 of 2021 is allowed and disposed of, and W.P.(Cr) No.106 of 2021 is dismissed.
JUDGMENT :
Heard Mr. Ajit Kumar, the learned Senior counsel assisted by Mr. Chanchal Jain, the learned vice counsel appearing on behalf of the petitioner and Mr. P.A.S. Pati, the learned counsel appearing on behalf of the respondent-State.
2. These writ petitions have been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
3. In both the writ petitions, the common judgment has been questioned and that is why both the writ petitions have been heard together.
4. Firstly, the facts of W.P.(Cr) No.106 of 2021 is being taken up.
5. State of Jharkhand through Superintendent, District Jail, Dhanbad has filed this petition for quashing the order dated 25.02.2021 passed in S.T.No.276/2017 by learned District and Additional Sessions Judge-IV, Dhanbad whereby the Superintendent of Jail, Dhanbad has been directed to shift prisoner Sanjeev Singh from the Central Jail, Dumka to Divisional Jail, Dhanbad. The prayer is also made to recall the order dated 25.02.2021 passed in S.T.No.276/2017 and pass a fresh and appropriate order granting permission to shift prisoner Sanjeev Singh from Divisional Jail, Dhanbad to Central Jail, Dumka as there is serious threat of life of prisoner in view of report of Deputy Commissioner, Dhanbad and report of Senior Superintendent of Police, Dhanbad. The Senior Superintendent of Police, Dhanbad submitted a confidential report to the Deputy Commissioner, Dhanbad vide his letter dated 20.02.2021 along with report of Special Branch that there is serious threat/danger to the life of prisoner Sanjeev Singh who himself is Ex-MLA of Jhariya Vidhan Sabha and is a big face in crime field of Dhanbad area. The Deputy Commissioner, Dhanbad submitted a confidential report in view of report of Senior Superintendent of Police, Dhanbad vide his letter dated 20.02.2021 to Inspector General of Prison, Jharkhand, mentioning therein that there is serious threat/danger to the life of prisoner Sanjeev Singh. The Deputy Commissioner, Dhanbad has also pointed out about the activity of different criminal gang of Dhanbad in that report. In view of the report of Deputy Commissioner, Dhanbad, the Government of Jharkhand decided to take immediate steps for safety of life of the Prisoner and accordingly after due permission of the Government passed the order dated 20.02.2021 to transfer the prisoner from District Jail, Dhanbad to Central Jail, Dumka and directed the Deputy Commissioner, Dhanbad and Senior Superintendent of Police, Dhanbad to ensure transfer of prisoner. After receiving the order of the Inspector General (Prison), the Superintendent, District Jail, Dhanbad by letter dated 21.02.2021 informed the learned trial court and sought the consent for transfer of prisoner Sanjeev Singh from District Jail, Dhanbad to Central Jail, Dumka on the point of security. The learned District and Additional Sessions Judge-IV, Dhanbad passed the order dated 25.02.2021 directing the Superintendent of Jail, Dhanbad for shifting of prisoner Sanjeev Singh from Central Jail, Dumka to Divisional Jail, Dhanbad at once. In view of this, the State of Jharkhand has preferred this W.P.(Cr.) petition.
6. The facts of W.P.(Cr) No.122 of 2021 are :
In this writ petition, prayer has been made for commanding upon the court below i.e., the learned court of Additional Sessions Judge-IV, Dhanbad in S.T. Case No.276/2017 arising out of Saraidhela P.S.Case No.48/2017 to immediately and forthwith take up the petition dated 01.03.2021 filed by and on behalf of the petitioner whereby he has complained of violation/non-compliance and non-implementation of the order dated 25.02.2021 passed by the said learned court and has also prayed for initiation of criminal contempt proceeding against the respondent nos.6 and 7 for violation, disobedience and non-compliance
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